Magee v. . City of Brooklyn
New York Court of Appeals
Appeal in the first above-entitled action from judgment of the General Term of the City Court of Brooklyn, entered upon an order made March 29, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal in the first above-entitled action from judgment of the General Term of the City Court of Brooklyn, entered upon an order made March 29, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. Appeal in the second above-entitled action from judgment of the General Term of the City Court of Brooklyn, entered upon an order made March 6, 1893, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. These actions were brought to recover two awards, made and confirmed under…
1Opinion of the CourtO’Brien, J.
These cases both arise out of the same statute and involve similar questions. Both were submitted together and they may he conveniently treated as one appeal. The only question involved in either is to whom the awards, which it is conceded that the city is bound to pay, belong and are payable. By chapter 559 of the Laws of 1871, the lands were taken for street purposes, and it is conceded on all sides that the taking was effected by force of the statute itself, which has been upheld against constitutional objections on the ground that a sure and safe method of making compensation was…
2Cases cited2 opinions
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Gates v. . De La MareNew York Court of Appeals · 1894
3Cited by24 opinions
- Bates v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905
- Mott v. . EnoNew York Court of Appeals · 1905
- In re Mayor, Aldermen, & Commonalty of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
- Yesler Logging Co. v. Seattle Electric Co.Washington Supreme Court · 1913
- In re Opening of Seventh AvenueAppellate Division of the Supreme Court of the State of New York · 1901
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