Claim of Johns v. Village of Salamanca
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the claimant, Augusta Johns, and by the defendants, The Village of Salamanca and another, from a final order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 18th day of January, 1908, affirming in part and disaffirming in part the report of commissioners appointed to ascertain damages herein.
1Dissent
Kruse, J. (dissenting):
That the petitioner is entitled to recover the damages to her premises by reason of the change in the grade of the street which said premises adjoin has been settled by the Court of Appeals in Matter of Torge v. Village of Salamanca (176 N. Y. 324). The controversy here is over the amount of damages. That question is in dispute not only upon the facts, but the rule of law applicable for determining the damages is in dispute as well.
It appears that the work of changing the grade of the street was commenced in 1901, as early as the month of September, and completed a year…
2Cases cited5 opinions
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
- Matter of Petition of SquireNew York Court of Appeals · 1891
- In re The Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1900
- Village of Port Henry v. KidderAppellate Division of the Supreme Court of the State of New York · 1899