Village of Watkins v. Welch Grape Juice Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The-Welch Grape Juice Company, from a judgment of the County Court of Schuyler county in favor of the plaintiff, entered in the office of the clerk of the county of Schuyler on the 7th day of March, 1903, affirming a. judgment of a justice of the peace entered on the 7th day Of May, 1901. The action was brought, to recover penalties from the defendant for erecting and maintaining a building on Madison avenue in the village of Watkins, which the…
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Appeal by the defendant, The-Welch Grape Juice Company, from a judgment of the County Court of Schuyler county in favor of the plaintiff, entered in the office of the clerk of the county of Schuyler on the 7th day of March, 1903, affirming a. judgment of a justice of the peace entered on the 7th day Of May, 1901. The action was brought, to recover penalties from the defendant for erecting and maintaining a building on Madison avenue in the village of Watkins, which the plaintiff claimed was an encroachment. or obstruction upon the street, in violation of á village ordinance. The defendant…
1Opinion of the Court
Chester, J.:
If the street in question is only three rods wide as laid' out in 1829, the building in question is wholly outside of the limits of the boundaries of the street. If, on the other hand, the street is sixty-six feet wide, then the building is clearly an encroachment upon the street.
The theory upon which this case was presented to the courts below by the plaintiff was that the ordinance of 1875, passed by the board Of trustees, the filing of a map thereunder and the conduct of owners of property upon the street since that time in acquiescing therein, were effective to increase the…
2Cases cited2 opinions
- Strong v. . City of BrooklynNew York Court of Appeals · 1876
- Rozell v. . AndrewsNew York Court of Appeals · 1886
3Cited by3 opinions
- Catalano v. International Railway Co.New York Supreme Court · 1914
- Ayres v. City Council of Los AngelesCalifornia Supreme Court · 1949
- Ayres v. City Council of Los AngelesCalifornia Supreme Court · 1949