Legal Opinion

Matter of Grade Crossing Commissioners

New York Court of Appeals

Decided January 11, 1898PublishedCited by 16 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 28, 1897, affirming an order made at Special Term confirming the report of commissioners appointed to assess the damages to property injured by a change of the grade of Michigan street in the city of Buffalo.

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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 28, 1897, affirming an order made at Special Term confirming the report of commissioners appointed to assess the damages to property injured by a change of the grade of Michigan street in the city of Buffalo. This proceeding was instituted under chapter 845 of the Laws of 1888, as amended by chapter 255 of the Laws of 1890, and chapter 353 ■ of the Laws of 1892, known as the Grade Crossing Act of the city of Buffalo, to procure the appointment of commissioners to ascertain and…

1Opinion of the CourtVann, J.

This appeal arises under an act of the legislature entitled “An act to provide for the relief of the city of Buffalo and to change and regulate the crossing and occupation of the streets, avenues and public grounds in said city by railroads.” (Laws of 1888, ch. 345, as amended by ch. 255 of the Laws of 1890, and ch. 353 of the Laws of 1892.) The object of this act was to do away with grade crossings through the action of the city in co-operation with the railroad companies centering in or passing through the same. The agency adopted to accomplish this object was a commission, composed of ten…

2Cases cited9 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
  3. Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  4. Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
  5. Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894

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3Cited by16 opinions

  1. People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
  2. Askey & Hager, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1934
  3. Matter of Grade Crossing CommissionersNew York Court of Appeals · 1901
  4. Matter of Grade Crossing Comrs. of BuffaloNew York Court of Appeals · 1913
  5. Claim of Ehrsam v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1899

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