Matter of Grade Crossing Commissioners
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 4, 1910, which affirmed an order of Special Term confirming the report of commissioners of appraisal appointed in the above-entitled proceeding. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 4, 1910, which affirmed an order of Special Term confirming the report of commissioners of appraisal appointed in the above-entitled proceeding. The facts, so far as material, are stated in the opinion. Damage to an abutting owner whose land is injured by the change in the grade of a street by the municipal authorities is damnum absque injuria, in the absence of an express statute providing for compensation. (Torge v. Village of Salamanca, 176 N. Y. 324; Radcliff v. Mayor, etc.,…
1Opinion of the CourtHaight, J.
The grade crossing commissioners of the city of Buffalo, pursuant to chapter 345 of the Laws of 1888, as amended by chapter 255 of the Laws of 1890, adopted a plan for the elimination of grade crossings of streets by steam railroads. These plans contemplated the raising of the railroad tracks crossing Swan and Jefferson streets and the construction of a subway of the streets thereunder which required the lowering of the grade of the street in front of the premises of the respondents, thereby impairing the access to their premises. The improvements provided for were commenced in August, 1897,…
2Cases cited14 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Sauer v. City of New YorkSupreme Court of the United States · 1907
- Sauer v. . City of New YorkNew York Court of Appeals · 1904
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
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3Cited by6 opinions
- Gilsey Buildings, Inc. v. Incorporated Village of Great Neck PlazaNew York Supreme Court · 1939
- Matter of Grade Crossing Comrs. of BuffaloNew York Court of Appeals · 1913
- Kehres v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Light v. StateAppellate Division of the Supreme Court of the State of New York · 1937
- Town of Nichols v. ParkAppellate Division of the Supreme Court of the State of New York · 1924
1 more not listed; retrieve them via the Exa API.