Legal Opinion · Dissent

Schneider v. City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898Published

• Appeal by the plaintiff, Matilda Schneider, from a judgment of the Supremé Court in favor of the defendant, entered in the office of the clerk of the county of Monroe on the 23d day of May, 1898, upon the decision -of the court, stating separately the facts found and the conclusions of law,, rendered after á trial • at the MohroS Special Term. The facts are stated in the dissenting opinion of Follett, J.

1Dissent

Follett, J. (dissenting):

This action was begun May 5, 1895, to restrain the defendant from applying for the appointment of commissioners to reappraise the damages which would be occasioned her by taking her property for the purpose of opening a street in the city of Rochester.

The defendant is a municipal corporation of this State existing under chapter 14' of the Laws of 1880 and the acts amendatory thereof and supplementary thereto. By section 168 of said act, as amended by chapter 120 Of the Laws of 1882, and by chapter 190' of the Laws of 1892, .the common council of said city is…

2Cases cited3 opinions

  1. Schneider v. . City of RochesterNew York Court of Appeals · 1898
  2. Schneider v. City of RochesterNew York Supreme Court · 1895
  3. Schneider v. City of RochesterNew York Supreme Court · 1894

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