Matter of Borup
New York Court of Appeals
" Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1905, which affirmed an order of Special Term appointing commissioners to assess damages to the petitioner’s property resulting from a change of grade. The facts, so far as material, and the question certified are stated in the opinion.
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" Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 17, 1905, which affirmed an order of Special Term appointing commissioners to assess damages to the petitioner’s property resulting from a change of grade. The facts, so far as material, and the question certified are stated in the opinion. Prior to the enactment of chapter 610, Laws of 1903, viz., May 15, 1903, there was no liability whatever on the part of the town of Eastchester to the petitioner for the damages alleged in the petition. (Redcliff v. Mayor,…
1Opinion of the CourtO’Brien, J.
The question certified to us upon this appeal is thus stated in the-record :■ “ Is chapter 610 of the Laws of 1903, so far as it may be construed to make the town of East - Chester liable for damages sustained through change of grade made prior to the enactment of that act-,, unconstitutional and void ? ” The statute referred to enacts that the owners of ■land adjacent to a highway shall be entitled to recover their damages from the town for any change of grade in the highway or any repairs by the authorities of the town made under and in accordance with the provisions of § 69 of chapter 686…
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- People Ex Rel. Douglas v. BarrettIllinois Supreme Court · 1939
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