Matter of Melenbacker v. . Vil. of Salamanca
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 7, 1907, which affirmed an order of Special Term denying the application of the petitioner for the appointment of commissioners to appraise the damages alleged to have been sustained by him by reason of a change of grade in the street in front of his premises and dismissing the 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 January 7, 1907, which affirmed an order of Special Term denying the application of the petitioner for the appointment of commissioners to appraise the damages alleged to have been sustained by him by reason of a change of grade in the street in front of his premises and dismissing the proceeding. The facts, so far as material, are stated in the opinion. The petition alleges all jurisdictional facts, and there being no controverted questions of fact, an order appointing commissioners…
1Opinion of the CourtChase, J.
Prior to 1900 the tracks of the Erie Railroad Company crossed Main street, in the village of Salamanca, at grade. In that year the president and trustees of said village made application, by petition in writing, to the board of railroad commissioners of the state of New York, pursuant to the provisions of section 62 of the Kailroad Law (Laws of 1890, chapter 565, with subsequent amendments), to have the crossing changed from grade, so that the street would be carried under said railroad tracks.
On April 11th, 1901, the board of railroad commissioners ordered that the crossing be changed from…
2Cases cited2 opinions
- Smith v. . Boston Albany Railroad Co.New York Court of Appeals · 1905
- Matter of Torge v. . Vil. of SalamancaNew York Court of Appeals · 1903
3Cited by8 opinions
- Almand v. Board of Drainage CommissionersSupreme Court of Georgia · 1918
- In re the Judicial Settlement of the Account of HansenNew York Surrogate's Court · 1911
- People ex rel. Volkening v. PrendergastAppellate Division of the Supreme Court of the State of New York · 1912
- Town of Nichols v. ParkAppellate Division of the Supreme Court of the State of New York · 1924
- Hoy v. Village of Salamanca & Erie RailroadNew York Supreme Court · 1907
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