Matter of Andersen
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 18, 1904, which reversed an order of Special Term appointing commissioners in the proceeding herein. This' proceeding involves the construction of chapter G10 of the Laws of 1903, which amends the Highway Law by inserting therein a new section, known as section 11a, which reads as follows: “ § 11a. Damages for change of grade.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered March 18, 1904, which reversed an order of Special Term appointing commissioners in the proceeding herein. This' proceeding involves the construction of chapter G10 of the Laws of 1903, which amends the Highway Law by inserting therein a new section, known as section 11a, which reads as follows: “ § 11a. Damages for change of grade. In any town in which a highway has been or hereafter shall be repaired, graded and macadamized from curb to curb by the authorities of the town in…
1Opinion of the CourtBartlett, J.
The petitioner herein, Kirstine M. Andersen, applied to the Special Term for the appointment of three commissioners under the Laws of 1903 (Chap. 610), above quoted, to determine the compensation to which she was entitled by reason of change of grade in a public street opposite her premises in the town of Eastchester, Westchester county.
The. Special Term found, in substance, that the town of Eastchester is and had been a municipal corporation prior to the month of March, 1901; that Jefferson place, in said town, prior to the month of March, 1901, was and since has been a public highway; that…
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