Elsheimer v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
Action by Louis Elsheimer against the city of Niagara Falls and others. "The decision contained the following conclusions of law: “(1) That plaintiff’s premises are not within the limits of Main street, in the city of Niagara Falls, N. Y., and the line of Main street as adopted by the council, August 22, 1892, and recorded in the city clerk’s office, and a map of which is filed and indexed in Niagara county clerk’s office, September 22, 1892, is not the correct east line of…
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Action by Louis Elsheimer against the city of Niagara Falls and others. "The decision contained the following conclusions of law: “(1) That plaintiff’s premises are not within the limits of Main street, in the city of Niagara Falls, N. Y., and the line of Main street as adopted by the council, August 22, 1892, and recorded in the city clerk’s office, and a map of which is filed and indexed in Niagara county clerk’s office, September 22, 1892, is not the correct east line of Main street along plaintiff’s premises; (2) that a pepietual injunction issue restraining the city and its officers,…
1Opinion of the CourtHardin, P. J.
In respect to the important questions of fact determined by the special term in its findings of fact in favor of the plaintiff, there was a conflict in the evidence. Upon looking into the evidence, we think it sustains the conclusions of fact stated in the findings of the learned trial judge. In 1892, Burns, a civil engineer of the city, prepared a map, which was submitted to the common council, and approved by it, and it was ordered filed in the county clerk’s office. Burns testified that the common council ordered him to file it. That map showed a profile of the part of Main street which…
2Cases cited4 opinions
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- Flood v. . Van WormerNew York Court of Appeals · 1895
- Evans v. Board of Street Com'rsNew York Supreme Court · 1895
- Flood v. Van WormerNew York Supreme Court · 1893