St. Vincent Female Orphan Asylum v. City of Troy
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 12 Hun, 317.) This action was for an alleged trespass.
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Appeal from, judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 12 Hun, 317.) This action was for an alleged trespass. The answer alleged that the locus in quo was one of the public streets of the city of Troy, and that the acts complained of were lawfully done by the city authorities in the maintenance and control of said street. In 1853, Peter Havermans owned and was in possession of a lot on the south-west corner of…
1Per curiam
It seems clear that the direction of a verdict for the plaintiff can only be sustained, if at all, upon the resolution of the common council of the defendant, passed on the 24th August, 1853. There was evidence that the locus in quo was previous to that date a part of the street which was then at least fifty feet wide, and the wall built by the plaintiff was shown to encroach upon the east side of the street as then existing, several feet. In fact, it appears from the testimony of Mann, the source of plaintiffs’ title to the hospital lot, that the claim of the plaintiff was under that…
2Cases cited6 opinions
- Milhau v. . SharpNew York Court of Appeals · 1863
- Mills v. HallNew York Supreme Court · 1832
- Walker v. . CaywoodNew York Court of Appeals · 1865
- Lackland v. North Missouri RailroadSupreme Court of Missouri · 1860
- City of Indianapolis v. MillerIndiana Supreme Court · 1866
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3Cited by35 opinions
- Smith v. McDowellIllinois Supreme Court · 1893
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Buntin v. City of DanvilleSupreme Court of Virginia · 1896
- Field v. BarlingIllinois Supreme Court · 1894
30 more not listed; retrieve them via the Exa API.