Cunningham v. . Fitzgerald
New York Court of Appeals
This action was brought by the plaintiff to restrain defendant from plowing np and scraping away the earth in the street or avenue called St. John’s Park (formerly Hughes Park), in the village of Charlotte in the county of Monroe, and from lowering the grade thereof and for damages for excavations and alteration of the grade already made. The facts, so far as material, are stated in the opinion.
1Opinion of the CourtO’Brien, J.
The judgment in this case awards an injunction to the plaintiff restraining the defendant from cutting down the grade of a street in front of his lot or interfering with the same. A small money judgment was also awarded as damages. The referee who tried the case found that about the year 1884 the defendant became the owner of a considerable tract or parcel of land in the village of Charlotte, which had been mapped and plotted into village lots, with streets and avenues running through and intersecting each other upon which the lots were bounded. The map upon which the streets and lots were…
2Cases cited1 opinion
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
3Cited by13 opinions
- Lewis v. YoungNew York Court of Appeals · 1998
- People v. . UnderhillNew York Court of Appeals · 1895
- Feuer v. BrenningAppellate Division of the Supreme Court of the State of New York · 1952
- In re Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1907
- Alexander Smith & Sons Carpet Co. v. BallAppellate Division of the Supreme Court of the State of New York · 1911
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