Judgment reversed on the law and facts and a new trial granted.
Memorandum:
The Court of Claims ruled correctly that there could be no recovery for damages due to change of grade in this case, the property being "located in a rural area, in which payment for damages for change of grade has not been provided for by statute", citing Raymond v. State of New York, (
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.