McMannis v. Butler
New York Supreme Court
APPEAL by the defendant from an order made at a special term, granting a new trial. The facts sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court, James C. Smith, J.
This was an . action for trespass on lands. The defendant justified, as street commissioner of the city of Rochester, claiming that the' premises were a public street. The cause has been tried twice. On the first trial, the jury, under the direction of the court, rendered a verdict for the defendant, which was set aside at general term. (49 Barb. 176.) On the second trial, the case was submitted to the jury, and resulted in a verdict for the defendant. A motion was made for a new trial, on the judge’s minutes, which was granted, and an appeal was taken from the…
2Cases cited1 opinion
- McMannis v. ButlerNew York Supreme Court · 1867
3Cited by4 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Cook v. . HarrisNew York Court of Appeals · 1875
- The People v. . LoehfelmNew York Court of Appeals · 1886
- City of Cohoes v. Delaware & H. Canal Co.New York Supreme Court · 1889