In re Grade-crossing Com'rs
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Application by the grade-crossing commissioners of the city of Buffalo for the appointment of commissioners to ascertain the compensation to be paid to James W. Wadsworth and others interested in certain lands which may be injured by reason of the change in grade of a street on which such lands abut.
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Appeal from special term, Erie county. Application by the grade-crossing commissioners of the city of Buffalo for the appointment of commissioners to ascertain the compensation to be paid to James W. Wadsworth and others interested in certain lands which may be injured by reason of the change in grade of a street on which such lands abut. From an order confirming the report of the commissioners so appointed to ascertain and report the compensation to be paid the owners and parties interested in lands which were injured by the construction of a viaduct over the tracks of the New York Central &…
1Opinion of the CourtFollett, J.
The learned counsel for the Rew York Central & Hudson River Railroad Company insists that the order confirming the report of the commissioners should be reversed for four reasons: (1) That, none of the property of the respondents having been taken, they, as owners and occupants of realty abutting on Michigan street, are not “lawfully entitled,” under section 12, quoted in the statement of facts, to damages resulting from the construction of the improvement ;• (2) that the damages awarded are excessive; (3) that damages were-erroneously awarded for diverting business from the property, and…
2Cases cited10 opinions
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- Cook v. New York Elevated RailroadNew York Court of Appeals · 1894
- Doyle v. Manhattan Railway Co.New York Court of Appeals · 1891
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3Cited by2 opinions
- In re Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1897
- New York Telephone Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1915