City of Corning v. O'Neil
New York Supreme Court
Motion to confirm report of commissioners of appraisal in grade crossing proceeding in the city of Corning, N. Y. The Erie Railroad Company crosses Columbia and First streets in the city of Corning at grade. Proceedings were taken under the Railroad Law (§§ 91-94) to determine the necessity for the elimination of the grade crossing and the construction of an underground crossing in its place.
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Motion to confirm report of commissioners of appraisal in grade crossing proceeding in the city of Corning, N. Y. The Erie Railroad Company crosses Columbia and First streets in the city of Corning at grade. Proceedings were taken under the Railroad Law (§§ 91-94) to determine the necessity for the elimination of the grade crossing and the construction of an underground crossing in its place. The public service commission determined that such elimination was neces-' sary and that the underground crossing was required. The improvement was constructed and a claim was then filed by the defendant…
1Opinion of the CourtRodenbeck, J.
The report of the commissioners of appraisal is set aside for the reasons stated in the case of City of Corning v. Holmes, with the additional observations that while the common law in the absence of a statute authorizing such damage does not allow a recovery for interference, with access by cutting off a street where another reasonable access is available or provided (O’Brien v. New York C. & H. R. R. R. Co., 148 App. Div. 733; Egerer v. New York C. & H. R. R. R. Co., 130 N. Y. 108, 114; Story v. New York El. R. R. Co., 90 id. 122, 186; Reis v. City of New York, 113 App. Div. 464; Coster v.…
2Cases cited4 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Egerer v. New York Central & Hudson River R. R.New York Court of Appeals · 1891
- Reis v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- O'Brien v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912