Legal Opinion

Waddell v. Mayor of New-York

New York Supreme Court

Decided February 18, 1850PublishedCited by 7 opinions

This was an appeal by the defendants, from an order made at a special term, granting an injunction to restrain the defendants from making any alteration in the grade of certain streets and avenues of the city of New-York, or from removing or disturbing the Avail, walks, trees, shrubbery or other property of the plaintiff, or from doing any thing which might injure or tend to injure his lands, buildings or property, or his free use and enjoyment thereof.

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This was an appeal by the defendants, from an order made at a special term, granting an injunction to restrain the defendants from making any alteration in the grade of certain streets and avenues of the city of New-York, or from removing or disturbing the Avail, walks, trees, shrubbery or other property of the plaintiff, or from doing any thing which might injure or tend to injure his lands, buildings or property, or his free use and enjoyment thereof. The facts are stated in the opinion of the court.

1Opinion of the Court

By the Court, Edwards, J.

It appears from the complaint of the plaintiff in this cause, that he is the owner in fee simple of certain lands in the eighteenth Avard of the city of New-Yorb, *96situated on the fifth avenue and Thirty-seventh and Thirty-eighth streets in said city, between the fifth and sixth avenues; that these avenues and streets were laid out under the act of April 3d, 1807; that after the passing of this act, and before the year 1844, the defendants, in common council convened, established a certain grade for said avenue and streets adjoining said lands of the plaintiff, and…

2Cases cited1 opinion

  1. Oakley v. Trustees of WilliamsburghNew York Court of Chancery · 1837

3Cited by7 opinions

  1. Eaton v. B. C. & M. R. R.Supreme Court of New Hampshire · 1872
  2. People & Platt v. StoutNew York Supreme Court · 1860
  3. Heiple v. Clackamas CountyOregon Supreme Court · 1890
  4. Sixth Avenue Railroad v. Gilbert Elevated Railway Co.The Superior Court of New York City · 1876
  5. Baker v. StateCity of New York Municipal Court · 1941

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