Matter of Grade Crossing Commissioners
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 6, 1900, affirming an order of Special Term dismissing the petition of the grade crossing commissioners of the city of Buffalo fpr the appointment of commissioners to ascertain -the compensation to be paid to Midiólas Barrett and other owners of land situated upon Exchange street in that city, for alleged injuries done to their lands by the change" of grade…
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 6, 1900, affirming an order of Special Term dismissing the petition of the grade crossing commissioners of the city of Buffalo fpr the appointment of commissioners to ascertain -the compensation to be paid to Midiólas Barrett and other owners of land situated upon Exchange street in that city, for alleged injuries done to their lands by the change" of grade of Seneca and Smith streets, so as to carry the same over the Erie railroad tracks instead of on grade with them as…
1Opinion of the CourtLandon, J.
1. This court in Matter of Grade Crossing Commissioners (154 N. Y. 550), a case in which the grade of the street had been altered, but no land taken, rested the abutting landowners’ right to compensation upon the section of the charter which provides for compensation for injuries to any house or lot fronting upon a street caused by altering the recorded grade thereof. The property here does not front upon any street whose grade has been changed. Apart from providing for compensation for land taken for the grade crossing improvements in the city of Buffalo, section 12 of the Grade Crossing Act…
2Cases cited7 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Egerer v. New York Central & Hudson River R. R.New York Court of Appeals · 1891
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1886
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
- In re Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- In re City of New YorkNew York Supreme Court · 1955
- In re The Grade Crossing Commisioners of the City of Buffalo for the Appointment of CommissionersAppellate Division of the Supreme Court of the State of New York · 1924
- Myer v. AdamAppellate Division of the Supreme Court of the State of New York · 1901
- In re JenningsAppellate Division of the Supreme Court of the State of New York · 1909
13 more not listed; retrieve them via the Exa API.