In re Drainage of Certain Swamp Lands
New York Supreme Court
Appeal from Monroe county court. Proceeding for the drainage of certain swamp lands in the town of Penfield, in Monroe county. From an order denying a motion' to set aside the majority report of the commissioners, and to remove them, tm. the grounds of misconduct, Mas, and improper relations with the petitioners’ attorneys, the moving party appeals.
1Opinion of the CourtHaight, J.
On the 13th day of July, 1891, a petition was presented to the county court of Monroe county, asking for the drainage of certain swamp, bog, low, or wet lands situated in the town of Penfield, in that county. Upon such petition the court made an order appointing three commissioners to hear and determine— First, whether it is necessary, in order to drain such lands, that a ditch or ditches, or other channel for the free passage of water, should be opened through lands belonging to others than the petitioners; second, whether it is necessary for the public health that such lands should be…
2Cases cited3 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Clark v. EldredNew York Supreme Court · 1889
3Cited by1 opinion
- Fisk v. HarrisAppellate Division of the Supreme Court of the State of New York · 1899