In re the City of Rochester
Appellate Division of the Supreme Court of the State of New York
Appeal by the owner and claimant, Benjamin M. Baker, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 29th day of December, 1896, confirming the report of commissioners in proceedings for the condemnation of certain lands sought to be acquired by the city of Rochester for j>ark purposes, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s…
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Appeal by the owner and claimant, Benjamin M. Baker, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 29th day of December, 1896, confirming the report of commissioners in proceedings for the condemnation of certain lands sought to be acquired by the city of Rochester for j>ark purposes, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 16th day of June, 1896, appointing the commissioners. The proceedings were instituted by the city of…
1Opinion of the Court
Ward, J.:
Considerable evidence was given in behalf of each side of this controversy before the commissioners to ascertain the damages that *385should he awarded, to the appellant for taking his lands for park purposes, and upon the hearing of the proceedings the appellant sought to show the damages that would result to him from being deprived of the system of ditches that had been constructed to relieve 'his farm from water and which connected with the Genesee river through the twelve acres fronting upon the river that the city sought to take and condemn for park purposes. He also offered to show…
2Cases cited10 opinions
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Egerer v. New York Central & Hudson River R. R.New York Court of Appeals · 1891
- Treadwell v. . InsleeNew York Court of Appeals · 1890
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
- Burr v. MillsNew York Supreme Court · 1839
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3Cited by1 opinion
- State Ex Rel McNutt v. OrcuttIndiana Supreme Court · 1936