In re Myrick
New York Supreme Court
Appeal by the village of Olean from an order of special term confirming the award of commissioners appointed to appraise damages sustained by the petitioner by reason of the action of the village in lowering the grade of the street along her premises.
1Opinion of the CourtDwight, P. J.
The proceeding was under the provisions of chapter 113, of the Laws of 1883, as amended by those of chapter 281 of the Laws of 1884. The village made answer to the petition for the appointment of commissioners, denying, among other things, that there had been any change or alteration of the grade of the street in question, “ as contemplated by chapter 113 *325of the Laws of 1883." Nevertheless, the order appointing commissioners was, as appears by its recitals, made on the consent of the village, and no appeal was taken from that order. Commissioners being thus appointed, the village appeared…
2Cases cited3 opinions
- Dyckman v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Dwight v. Elmira, Cortland & Northern RailroadNew York Supreme Court · 1890
- New York & Erie Rail Road v. Corey & SmithNew York Supreme Court · 1850