Beck v. Gibbard
Appellate Division of the Supreme Court of the State of New York
Appeal by the .defendant, Alice E. Fenn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 8th day of December, 1909, upon the decision of the court, rendered after a trial at the Warren Special Term, restraining and enjoining the defendant commissioner of highways from laying out, opening up or working a certain highway through plaintiff’s property; also from an order entered in said clerk’s…
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Appeal by the .defendant, Alice E. Fenn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Washington on the 8th day of December, 1909, upon the decision of the court, rendered after a trial at the Warren Special Term, restraining and enjoining the defendant commissioner of highways from laying out, opening up or working a certain highway through plaintiff’s property; also from an order entered in said clerk’s office on the 19th day of August, 1909, continuing the preliminary injunction, and also from so much of an order…
1Opinion of the Court
Smith, P. J.;
In August, 1906, defendant Penn applied to the County Court of W ashington county for .the appointment of commissioners to lay out a highway to her property and to assess the damages. Commissioners were thereupon appointed and the majority of them made' a decision in favor of the laying out of said highway. The plaintiff herein was a party to such proceedings and was by said decision awarded the sum of forty dollars damages. He thereafter made application to the County Court to vacate and set aside such decision, which motion was denied and the decision confirmed. He then applied…
2Cases cited2 opinions
- In re FieldAppellate Division of the Supreme Court of the State of New York · 1901
- In re FennAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Kubak v. HalseyNew York Supreme Court · 1914