Peters v. Carleton
New York Supreme Court
Appeal from special term, 2íew York county; George L. Ingraham, Justice. This action was begun by Thomas M. Peters against the mayor, etc., of the city of New York, and George W. Oarleton, impleaded, to recover the award made to property owners for damages by reason of the closing of Bloomingdale road. Plaintiff was the owner of certain premises abutting upon said road from a time prior to 1867 down to April, 1869, when he sold to defendant, Oarleton.
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Appeal from special term, 2íew York county; George L. Ingraham, Justice. This action was begun by Thomas M. Peters against the mayor, etc., of the city of New York, and George W. Oarleton, impleaded, to recover the award made to property owners for damages by reason of the closing of Bloomingdale road. Plaintiff was the owner of certain premises abutting upon said road from a time prior to 1867 down to April, 1869, when he sold to defendant, Oarleton. Laws N. Y. 1867, c. 697, § 1, provide that the commissioners of Central park shall have power to lay out streets and avenues in that portion of…
1Opinion of the CourtVan Brunt, P. J.
The judgment appealed from might be allowed to rest entirely upon the opinion of the learned judge who tried the case at the special term, such opinion being founded upon the cases of Fearing v. Irwin, 55 N. Y. 490, and King v. Mayor, 102 N. Y. 175, 6 N. E. Rep. 395; which cases seem to determine the question adversely to the appellant upon this appeal. The decisions are distinct and unambiguous, and plainly hold that, upon the filing of the map, each public thoroughfare not retained on said map *533ceased to be a highway, and became in law actually closed. The rights of the parties, therefore,…
2Cases cited1 opinion
- King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
3Cited by1 opinion
- Mayor v. CurranNew York Court of Common Pleas · 1889