Robert v. . Sadler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 23, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made September 23, 1885, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial without a jury. (Reported below, 37 Hun, 377.) This action tyas brought to restrain the defendants, who were engaged in the work of grading Eighteenth avenue, in the town of Hew Utrecht, among other things, from digging pits in the roadway and carrying away gravel therefrom. The material facts are stated in the opinion. Ho public right or easement was ever…
1Opinion of the CourtFinch, J.
The constitutional question in this case has been decided against the appellant in Hubbard against the same defendants, which respected the laying out and opening of the same street or avenue involved in this appeal.
But a further question not in that case is raised in this. The findings of fact establish that the grade of the avenue was fixed and a contract for its construction made with one Curran. By the terms of that contract he was required to cover the roadway to a depth of fifteen inches with gravel, hard-pan or other materials approved by the commissioners. The land within the road…
2Cases cited7 opinions
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- City of New Haven v. SargentSupreme Court of Connecticut · 1871
- Bissell v. CollinsMichigan Supreme Court · 1873
- Higgins v. . ReynoldsNew York Court of Appeals · 1865
- Fisher v. City of RochesterNew York Supreme Court · 1872
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3Cited by29 opinions
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