Radcliff's Executors v. . Mayor, C. of Brooklyn
New York Court of Appeals
The executors of the late Peter W. Badcliff brought an action on the case in the supreme court against the Mayor and Common Council of the city of Brooklyn.
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The executors of the late Peter W. Badcliff brought an action on the case in the supreme court against the Mayor and Common Council of the city of Brooklyn. The declaration alledged that the plaintiffs’ testator was seised of a lot of land in Brooklyn, with a dwelling house, out houses and garden thereon, adjacent to the East Biver but a considerable distance above it, which were sustained by a natural bank having a gradual descent to the river; that the defendants, on the 11th of May, 1838, wrongfully dug away the said natural bank, whereby the premises were undermined, and a part of the…
1Opinion of the Court
Bronson, Ch. J.
The common council of the city of Brooklyn has ample authority to lay out, open, grade, level and pave streets within the city. When lands are taken for a street, the owner is to be paid his damages, to be assessed by commissioners. But there is no provision for paying consequential damages, or such as may result to persons whose lands are not taken. (Stat. 1833, p. 499, §§ 1, 2, 16 ; id. 1838, p. 119, §§ 1, 2.) Such is my construction of the statutes touching the question.
Furman-street lying west of and adjoining the testator’s premises, had been laid out prior to the digging…
2Cases cited11 opinions
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- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Thurston v. HancockMassachusetts Supreme Judicial Court · 1815
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