In Re Vil. of Olean v. . Steyner
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 16, 1891, which affirmed an order of the county judge of Cattaraugus county confirming the report of commissioners appointed to assess damages in a proceeding to acquire lands for street purposes in the village of Olean. The facts, so far as material, are stated in the opinion. There was never a dedication by the owners of the lands in controversy for a public street.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made April 16, 1891, which affirmed an order of the county judge of Cattaraugus county confirming the report of commissioners appointed to assess damages in a proceeding to acquire lands for street purposes in the village of Olean. The facts, so far as material, are stated in the opinion. There was never a dedication by the owners of the lands in controversy for a public street. (48 Hun, 488; N. F. S. B. Co. v. Bachman, 66 N. Y. 261.) A dedication of the locus in quo for a public street would be…
1Opinion of the Court
Finch, J„
A motion is made to "dismiss this appeal founded upon the provision of the charter of Olean, which makes the order of the commissioners when approved by the county judge final. We do not decide that question since we are all agreed that the judgment should be affirmed, and prefer to dispose of the case on its merits.
I do not see how the village of Olean can raise the question of a dedication to the public use in this proceeding, for its very existence and prosecution necessarily involves an admission of the landowner’s right, and an inquiry into his .damages resulting from a…
2Cases cited4 opinions
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Halsey v. . McCormickNew York Court of Appeals · 1855
- In Re Common Council Ex Rel. Opening of North Thirteenth StreetNew York Court of Appeals · 1878
3Cited by47 opinions
- Boston Chamber of Commerce v. City of BostonSupreme Court of the United States · 1910
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- People Ex Rel. Palmer v. . TravisNew York Court of Appeals · 1918
- City of Geneva v. . HensonNew York Court of Appeals · 1909
42 more not listed; retrieve them via the Exa API.