Claim of Ehrsam v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Appeal by The City of Utica, pursuant to section 6 of chapter 560' of the Laws of 1893, from an award of commissioners appointed pursuant to said statute, sustaining the claim of John Ehrsam, Jr. By chapter 341 of the Laws of 1891 it was provided that a new bridge should be constructed in Genesee street in the city of Utica over the Erie canal, at the joint expense of the city and of the State.
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Appeal by The City of Utica, pursuant to section 6 of chapter 560' of the Laws of 1893, from an award of commissioners appointed pursuant to said statute, sustaining the claim of John Ehrsam, Jr. By chapter 341 of the Laws of 1891 it was provided that a new bridge should be constructed in Genesee street in the city of Utica over the Erie canal, at the joint expense of the city and of the State. The act.provided : “LTor shall the work be commenced until the city of Utica shall, in writing, release the state from any liability that may arise or occur from the change in the grade of the…
1Opinion of the Court
Follett, J.:
Words and terms having a precise and well-settled meaning in the jurisprudence of a country are to be understood in the same sense when used in its statutes unless a different meaning is unmistakably intended. (Perkins v. Smith, 116 N. Y. 441; Stephenson v. Higginson, 3 H. L. Cas. 638; McCool v. Smith, 1 Black. 459; Clark v. City of Utica, 18 Barb. 451; Cruger v. The Hudson River R. R. Co., 12 N. Y. 190, 198; Wynehamer v. People, 13 id. 378, 427; End. Interp. Stat. 5, § 3; 23 Am. & Eng. Ency. of Law, 324. "The term “ real estate ” has a precise and well-settled meaning in the…
2Cases cited10 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Despard v. . ChurchillNew York Court of Appeals · 1873
- Perkins v. . SmithNew York Court of Appeals · 1889
- Burr v. . StentonNew York Court of Appeals · 1871
- Cruger v. . the Hudson River Railroad Co.New York Court of Appeals · 1854
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Susskind v. 1136 Tenants Corp.Civil Court of the City of New York · 1964
- Grumman Aircraft Engineering Corp. v. Board of AssessorsNew York Court of Appeals · 1957
- In re LacailleNew York Supreme Court · 1964
- Fort Hamilton Manor, Inc. v. BoylandNew York Court of Appeals · 1958
- In re the Accounting of Chase National BankNew York Surrogate's Court · 1954
8 more not listed; retrieve them via the Exa API.