City of Corning v. Holmes
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, City of Corning, and by the Erie Railroad Company and Public Service Commission, Second District, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Steuben on the 3d day of October, 1916, sustaining exceptions to the report of the commissioners herein, setting aside said report and referring back the same to the commissioners.
1Opinion of the Court
Kruse, P. J.:
This appeal grows out of the same grade improvement as is involved in the O’ Neill case, herewith decided. (City of *459Corning v. O’Neill, 180 App. Div. 454.) It is unlike that case in some of its aspects.
In this case it appears that the premises are located north of the railroad tracks, having a frontage on Columbia street, also on First street. The grade crossing improvement undoubtedly impairs the right of access to the defendant’s premises from First street. The grade of the street is depressed several feet below what it was before the improvement was made.
The defendant resisted…
2Cases cited2 opinions
- City of Corning v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1917
- City of Corning v. HolmesNew York Supreme Court · 1916
3Cited by2 opinions
- Gledhill v. StateNebraska Supreme Court · 1932
- In re the City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1952