Hooker v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James H. Hooker, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 28th day of July, 1899, upon the decision of the court rendered after a trial at the Monroe Special Term dismissing, the complaint.
1Opinion of the Court
Lahghlin, J.:
This action is brought to enjoin the city of Rochester from prosecuting an eminent domain proceeding heretofore instituted by it in *531the County Court of Monroe county for the purpose of acquiring an easement in the bed of Hobby creek, in the town of Irondequoit, for conducting the overflow waters of the East Side sewer, so called, from the city line to Irondequoit bay.
The plaintiff owns part of the bed of said creek and the land upon either bank. He was made a party to the appraisal proceeding and interposed no objection to the jurisdiction of the court, or to the right of the…
2Cases cited9 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- St. Joseph Terminal Railroad v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- In re ThomsonNew York Supreme Court · 1895
- Matter of De CampNew York Court of Appeals · 1897
- Matter of City of BuffaloNew York Court of Appeals · 1876
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- In Re the Public Service CommissionNew York Court of Appeals · 1916
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1905
- In re HuffAppellate Division of the Supreme Court of the State of New York · 1910
- Champlain & Sanford Railroad v. OstranderAppellate Division of the Supreme Court of the State of New York · 1912
- In re KrugerAppellate Division of the Supreme Court of the State of New York · 1954
3 more not listed; retrieve them via the Exa API.