Legal Opinion

Myer v. Adam

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 7 opinions

Appeal by the defendants, Robert B. Adam and others, as grade crossing commissioners of the city of Buffalo, from a judgment and order of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 4th day of March, 1901, upon the decision of the court, rendered after a trial at the Erie Special Term, directing the issuance of a peremptory writ of mandamus.

1Opinion of the Court

Williams, J.:

The judgment and order appealed from should be affirmed, with costs.

The proceedings were commenced to obtain a mandamus compelling the defendants to hear and consider the testimony of such witnesses as the relator should produce before them, on the question as to whether damages were sustained by the relator by reason of the change of the grade of Washington street in the city of Buffalo, and thereafter determine whether they should not apply to the Supreme Court for the apj>ointment of commissioners to assess such damages: Upon the issue raised by the alternative writ and return…

2Cases cited2 opinions

  1. Matter of Grade Crossing CommissionersNew York Court of Appeals · 1901
  2. In re Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1896

3Cited by7 opinions

  1. Syracuse Grade Crossing Commission v. Delaware, Lackawanna & Western Railroad Co.New York Supreme Court · 1940
  2. Matter of Grade Crossing CommissionersNew York Court of Appeals · 1911
  3. People ex rel. Myer v. AdamAppellate Division of the Supreme Court of the State of New York · 1902
  4. In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1910
  5. People ex rel. Bolza v. AdamAppellate Division of the Supreme Court of the State of New York · 1903

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