Reports of Cases Heard And Determined in the Appellate Division ..., volume 178
Reports of Cases Heard And Determined in the Appellate Division ..., volume 178
New York (State). Supreme Court. Appellate Division, Marcus Tullius Hun, Jerome B. Fisher, Austin B. Griffin
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36; 180 N. Y. 27; 206 U. S. 536.) In the case of Sauer v. City of New York (180 N. Y. 27) the court held that the plaintiff could not recover for the impair- Digitized by V^OOQ IC 154 People ex bel. Crane v. Obmond. First Department, May, 1917. [Vol. 178. ment of his easement of light^ air and access, upon the theory of the elevated raikoad cases. It intimated that he might have a remedy under existing statutes. The court said (p. 30) : " The fee of the street having been acquired according to ...the provi- sions of the statute, we must assume that full compensation was made to the owners of the lands through which the streets and avenues were laid out, and that thereafter the owners of lands abutting thereon hold their titles subject to all of the legitimate and proper uses to which the streets and public highways may be devoted. As such owners they are subject to the right of the public to grade and improve the streets, and they are pre- sumed to have been compensated for any future improvement or change in the surface or grade rendered necessary for the convenience of public travel, especially in cities where the growth of population increases the use of the highways." The court thus justified the appropriation of the plaintiff's easement on the theory applicable to change of grade.
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