General

In the Matter of the Application of Grade Crossing Commissioners of the City of Buffalo, Appellants, for the Appointment of Commissioners to Ascertain the Compensation to Be Paid to the Owners of and Parties Interested in Lands Claimed to Be Injured by the Change of Grade of Fulton Street and Claimed to Be Owned by Michael O'Connor and Others, Respondents. The Lake Shore and Michigan Southern Railway Company and Others, Appellants

136 A.D. 906·New York Supreme Court, Appellate Division·1909·NY

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Opinion

In the Matter of the Application of Grade Crossing Commissioners of the City of Buffalo, Appellants, for the Appointment of Commissioners to Ascertain the Compensation to Be Paid to the Owners of and Parties Interested in Lands Claimed to Be Injured by the Change of Grade of Fulton Street and Claimed to Be Owned by Michael O’Connor and Others, Respondents. The Lake Shore and Michigan Southern Railway Company and Others, Appellants. [MAJORITY] affirmed, with costs. All concurred, except Williams, J., who dissented upon the ground that the damages awarded are excessive.