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· 3/15/1926

n re Buck, Kiaer & Co.

Citations

  • 216 A.D. 751

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • consequential land-shifting under nearby private properties caused-in-fact by construction of a public roadway in the vicinity of an unstable land formation
  • injured party who makes successful effort to avoid or reduce damages may recover expenses necessarily incurred in so doing, even if effort proves unsuccessful
  • any actual physical injury to real property caused by the public project is compensa-ble “whether foreseeable or not”
  • “the general rule is that an owner whose property is being taken or damaged by a public entity is under a duty to take all reasonable steps available to minimize his loss.”
  • landslide proximately caused by construction of highway

Source: CourtListener parenthetical corpus (CC0).

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