McCormack v. . City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 23, 1884, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as assignee of James J. McCormack, to recover awards made for lands of the assignor taken under the act (Chap. 559 Laws of 1871), for the improvement of ¡North Second street, in the city of Brooklyn.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made December 23, 1884, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. This action was brought by plaintiff, as assignee of James J. McCormack, to recover awards made for lands of the assignor taken under the act (Chap. 559 Laws of 1871), for the improvement of ¡North Second street, in the city of Brooklyn. Commissioners were duly appointed under the act “ to award damages and compensation to the owners ” of land taken, who made their…
1Opinion of the CourtDakfobth, J.
The effect of the statute "to widen and improve North Second street in the city of Brooklyn ” (Laws of 1871, chap. 559), was to deprive the assignor of the plaintiff of his land and commit the same to the city burdened with the duty of providing compensation for the land so taken. (Sage v. City of Brooklyn, 89 N. Y. 189.) The learned counsel for the appellant, however, claims that the principle on which that case was decided does not apply, and puts his contention upon a manifest difference in the scheme formulated by the statute above cited, from that of the statute (Laws of 1868, chap. 631)…
2Cases cited1 opinion
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
3Cited by16 opinions
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- Mott v. . EnoNew York Court of Appeals · 1905
- City of Dunkirk v. WallaceIndiana Court of Appeals · 1898
- State ex rel. Burbank v. Mayor of SuperiorWisconsin Supreme Court · 1892
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