In re Miller
New York Supreme Court
Appeal by the mayor, etc., of the city of New York, from an order reducing the assessment made for the expenses or regulating, grading, curbing, guttering and paving Worth street from Broadway to Chatham street.
1Opinion of the CourtDaniels, J.
The assessment was reduced by deducting from the amount assessed upon the property of the petitioner, the proportionate part of the damages allowed to "the owners of property who were injured and sustained' damages by means of the change made in the grade of the street. In the assessment of the expenses of the improvement these damages were included as a part of the amounts to be assessed, ana whether such damages should be allowed as part of the cost or expense of the improvement of the street is the point upon which the disposition of the appeal depends. It was conceded in the case that so…
2Cases cited1 opinion
- People Ex Rel. Tytler v. . GreenNew York Court of Appeals · 1876