Westchester County NyArchives Court.....Wiley, W F, Matter Of 1889
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Deb Haines http://www.genrecords.net/emailregistry/vols/00003.html#0000719 June 2, 2008, 12:20 pm

Source: Reports Of Cases - New York
Written: 1889

In the Matter of W. F. WILEY for a Commission.

Barnard, P. J. This appeal is from an order appointing a commission upon the 
petition of another landowner on John street. This petitioner only owned land on 
the old street where the village had never established a grade before the 
extension. On the Bartlett appeal we held that the old street was taken as an 
established highway when the village was incorporated, and that a subsequent 
change of grade was within the act. The street was lower from one and a-half to 
four feet. The petitioner's right to a commission is thus established, and the 
extent of the injury is for the commission. The other defense to the granting of 
the petition is, that there is an action pending, brought by petitioner against 
the village. There is no conflict between the two proceedings. The action is for 
an injury to the petitioner's possession of the land on the street. The village 
pleaded that it was a highway in 1871, and has been ever since. In this 
proceeding it is admitted that John street (the old part) was an open public 
street when the village was incorporated, about the year 1871, and it has been 
used as such until this time. The commissioners are to assess the damage to the 
land "adjoining such highway." The action thus affects the injury to the land in 
the highway, and the other proceedings the land adjacent.

The order, therefore, was right and should be affirmed, with costs and 
disbursements.

Pratt, J., concurred; Dykman, J., not sitting.

Order affirmed, with costs and disbursements.

Additional Comments:
Reports of Cases Heard and Determined in the Supreme Court of the State of New 
York. Marcus T. Hun, Reporter. Volume LIX, 1889, HUN 52. Banks & Company, 
Albany, NY. 1901.

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