Hawkins v. Trustees of Rochester
New York Supreme Court
This was an action of debt on matuatus, under the 25th section of the “ act to incorporate the village of Rochester,” (.Statutes, ml. 7, b. 125, passed April 10, 1826,) to recover $> 200, assessed to the plaintiff for land, taken in the opening of a street in the village of Rochester. A resolution was passed, by the board of trustees, for opening a street called Court-street.
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This was an action of debt on matuatus, under the 25th section of the “ act to incorporate the village of Rochester,” (.Statutes, ml. 7, b. 125, passed April 10, 1826,) to recover $> 200, assessed to the plaintiff for land, taken in the opening of a street in the village of Rochester. A resolution was passed, by the board of trustees, for opening a street called Court-street. A jury was empannelled to inquire into, and , , , , , ci assess the damages and recompense, di« to tne owners or real estate taken for the street, who awarded $200 to the plaintiff, as the owner of land taken for that…
1Opinion of the Court
By the Court,
Sutherland, J.
The plaintiff by the verdict of the jury, and the judgment of the president of the village thereon, acquired a vested right to the sum awarded to him as damages, which it was not in the power of the trustees to defeat, by discontinuing the proceedings in relation to the street. The power of the trustees, under the 25th section ot ffe act “ to incorporate the village of Rochester,” (Statutes, vol.7, b. 125, passed April 10, 1826,) is analogous to that of the corpo.T4.ion of New-York, in opening and laying out streets. (2 R. J. 408.) In the matter of Dover-street, (18…
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