In re of the Application of Grade Crossing Commissioners
Appellate Division of the Supreme Court of the State of New York
Appeal by The Grade Crossing Commissioners of the city of Buffalo and others from an order of the Supreme Court, made at the Erie ‘Special Term and entered in the office of the clerk of the county of Erie on the 28th day of July, 1899, dismissing their petition for the appointment of commissioners to ascertain and report the compensation to be made to certain property owners and parties interested, by reason of any injury which might result to the lands in which they were…
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Appeal by The Grade Crossing Commissioners of the city of Buffalo and others from an order of the Supreme Court, made at the Erie ‘Special Term and entered in the office of the clerk of the county of Erie on the 28th day of July, 1899, dismissing their petition for the appointment of commissioners to ascertain and report the compensation to be made to certain property owners and parties interested, by reason of any injury which might result to the lands in which they were interested. Seneca street in the city of Buffalo runs easterly and westerly. Smith street intersects it, running northerly…
1Opinion of the Court
■Smith, J".:
This order, at the start, is assailed by the appellants as not authorized by the procedure prescribed by the Grade Crossing Act (Lawá of 1888j chap. 315). The contention is that the ground of dismissal was not one of the issues raised by the answer, and upon this application the court was given authority only to determine those issues. Section 12, as amended by Laws of 1890, chapter 255, provides that an answer may be interposed by an owner of land so claimed to be injured or any one interested therein, and: that upon determination of the issues made by those answers, ah order may…
2Cases cited2 opinions
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1898
3Cited by6 opinions
- People Ex Rel. Simon v. . BradleyNew York Court of Appeals · 1913
- Matter of Grade Crossing CommissionersNew York Court of Appeals · 1901
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- In re West 151st StreetNew York Supreme Court · 1908
- Derrick v. StateNew York Court of Claims · 1921
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