People Ex Rel. Olin v. . Hennessy
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 10, 1912, which dismissed for want of power and not as a matter of discretion a writ of certiorari obtained to review the action of the board of assessors of the city of New York in dismissing a claim of the relators without making any award for damages. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 10, 1912, which dismissed for want of power and not as a matter of discretion a writ of certiorari obtained to review the action of the board of assessors of the city of New York in dismissing a claim of the relators without making any award for damages. The facts, so far as material, are stated in the opinion. Chapter 423, Laws of 1903, as amended, imposed upon the hoard of assessors a judicial duty, i. e., to determine relators’ claim upon the evidence, and the action of a…
1Opinion of the CourtChase, J.
The legislature in 1903 provided, for the abolition, discontinuance and avoidance of certain grade crossings in the city of New York. (Chapter 423, Laws of 1903.) Section 6 of said act as amended by chapter 034 of the Laws of 1905 is as follows: “The New York Central and Hudson Biver Bailroad Company shall at its own expense construct the necessary bridges and abutments required to abolish and discontinue said existing grade crossings at Depot place, Fordham road and East One Hundred and Seventy-seventh street, and to avoid grade crossings at Teunnison place, * * * and shall do all the work…
2Cases cited5 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
- People Ex Rel. Hallock v. . HennessyNew York Court of Appeals · 1912
- Dyker Meadow Land & Improvement Co. v. CookNew York Court of Appeals · 1899
- Dyker Meadow Land & Improvement Co. v. CookAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by10 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GillespieIndiana Court of Appeals · 1930
- Knapp v. FasbenderNew York Court of Appeals · 1956
- People Ex Rel. Uvalde Asphalt Paving Co. v. SeamanNew York Court of Appeals · 1916
- Oneonta Light & Power Co. v. SchwarzenbachAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Olin v. HennessyAppellate Division of the Supreme Court of the State of New York · 1913
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