New York Supreme Court June 15, 1906 (Lawton v. City of New Rochelle)

Burr, J.

The petitioner asks for the appointment of commissioners to determine the damages to which he is entitled by reason of a change in the grade of Center avenue, a street in the former village and present city of Rew Rochelle. At common law no right to such damages existed. Radcliffe v. Mayor, 4 N. Y. 195; Heiser v. Mayor, 104 id. 68; Torge v. Village of Salamanca, 176 id. 324, 327.