Clark v. Miller
New York Supreme Court
THE plaintiff was the owner of a farm in the town of Southport, Chemung county, through which a highway was laid out, by the commissioners of highways.
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THE plaintiff was the owner of a farm in the town of Southport, Chemung county, through which a highway was laid out, by the commissioners of highways. Commissioners appointed by the county court assessed the damages of the plaintiff at §185. The plaintiff appealed from such assessment, and the jury upon such appeal reassessed the damages of the plaintiff at §355. The defendant was the supervisor of Southport during the year 1863, and was requested by the plaintiff, as such supervisor, to lay such last assessment before the board of supervisors, (a) in the fall of 1863, which the defendant…
1Opinion of the CourtBoardman, J.
The first question presented in this case is the right of the plaintiff to maintain the action. Perhaps it might he assumed that the decision of this case, when formerly in this court, sufficiently recognizes that right. But as that question does not seem to have been distinctly presented to or passed upon- by the court, it will not be improper to consider it. as presented at this time... A: classification -of some of the principles under which recoveries have been had and sustained in actions for torts will aid in the determination of this question.. A plaintiff may maintain an action for…
2Cases cited18 opinions
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Commercial Bank v. KortrightCourt for the Trial of Impeachments and Correction of Errors · 1839
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
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3Cited by1 opinion
- Hill v. GoodwinSupreme Court of New Hampshire · 1876