In re Pierce
New York Supreme Court
Motion for an order directing the comptroller of the city of Hew York to pay an award of assessment commissioners. The petitioner, Madeline Pierce, claimed to be entitled to-an award of damages made by the Commissioners of Estimate and Assessment, in the matter of Girard avenue, for injury to certain premises, caused by the opening of the same. Further facts appear in the opinion.
1Opinion of the CourtLawkbitoe, J.
It was held in King v. Mayor, etc. of N. Y. (102 N. Y. 171) that where under a statute closing a highway, damages were directed to be awarded and paid to the owners of premises injured by the closing, that the right to such damages was personal, and belonged to one who was the owner at the time of the closing, although before the award he had conveyed his title ; and in that case it was also held, the owner having conveyed the premises after the statutory closing of the highway, bounding the lands conveyed by the highway, that the deed did not convey an ease*135ment in the highway which entitled…
2Cases cited23 opinions
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Westfall v. . PrestonNew York Court of Appeals · 1872
- Ass'n for the Benefit of Colored Orphans v. Mayor of New YorkNew York Court of Appeals · 1887
- In Re the Judicial Settlement of the Account of BabcockNew York Court of Appeals · 1889
- King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
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