City of Corning v. Holmes
New York Supreme Court
Motion to confirm report of commissioners of appraisal in grade crossing proceedings in the city of Corning, N. T. The Brie Railroad Company crossed 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.
Read the full summary
Motion to confirm report of commissioners of appraisal in grade crossing proceedings in the city of Corning, N. T. The Brie Railroad Company crossed 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 necessary 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 common law in the absence of a statute authorizing it does not allow damages for a change of grade made pursuant to a lawful authority. Radcliff v. City of Brooklyn, 4 N. Y. 195; Conklin v. New York, O. & W. R. Co., 102 id. 107; Reining v. New York, L. & W. R. Co., 128 id. 157; Rauenstein v. New York, L. & W. R. Co., 136 id. 528; Folmsbee v. City of Amsterdam, 142 id. 118; Talbot v. New York & Harlem R. Co., 151 id. 155; Fries v. New York & Harlem R. R. Co., 169 id. 270; Warner v. State, 132 App. Div. 611. Nor does it permit the recovery of consequential damages where a statute does not…
2Cases cited10 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- In re Department of Public ParksNew York Supreme Court · 1889
- Brainerd v. StateNew York Court of Claims · 1911
- In re SimmonsNew York Supreme Court · 1908
- Warner v. StateAppellate Division of the Supreme Court of the State of New York · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- City of Corning v. HolmesAppellate Division of the Supreme Court of the State of New York · 1917