People ex rel. Carleton v. Board of Assessors
New York Supreme Court
The relator is the owner of premises fronting on Bloomingdale road, between One Hundred and One Hundred and First streets in the city of New York, which road was closed by the Central park commissioners under chapter 697 of the Laws 1867. The board of assessors having refused to allow him the damages sustained by such closing, application was made for a peremptory writ of mandamus to compel the board to act.
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The relator is the owner of premises fronting on Bloomingdale road, between One Hundred and One Hundred and First streets in the city of New York, which road was closed by the Central park commissioners under chapter 697 of the Laws 1867. The board of assessors having refused to allow him the damages sustained by such closing, application was made for a peremptory writ of mandamus to compel the board to act. The special term granted the application, and from that order this appeal is taken.
1Opinion of the Court
Daniels, J,
— By chapter 697 of the Laws of 1867, the board of commissioners of the Central park were empowered to lay out and close streets, avenues, roads and public squares or places within a particularly designated and described district of the city of New York, adjacent to and surrounding the park. This district included territory forming part of what was called the Bloomingdale road upon which the applicant claimed that he owned property which was injured by the action of the commissioners in closing that road. He swore positively to his title to the property, and his statements upon…
2Cited by6 opinions
- Sullivan v. GilroyNew York Supreme Court · 1890
- People ex rel. Harriman v. PatonNew York Supreme Court · 1887
- Ramsdale v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1896
- McLean v. ErlangerNew York Supreme Court · 1891
- People ex rel. Andrews v. McGuireNew York City Court · 1890
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