Ellison v. Allen
New York Supreme Court
Action by Mary Ellison against Anson 0. Allen, the city of Rochester, and others, to enjoin defendants from cutting certain trees in the street in front of plaintiff's premises. A temporary injunction was granted, and defendants move on affidavits to dissolve the same.. Denied.
1Opinion of the CourtYeoman, J.
The plaintiff owns real estate upon East Main street, in the city of Rochester, which extends to the middle of the-street. There are on this street, between the sidewalk and curb,, shade trees which have been growing there for 25 years and upwards. The common council of the defendant the city of Rochester-is about to change its method of lighting that street by electricity, and this change necessitates setting new poles to support the lamps, which will hang much lower than those at present in use. The common council is, by the city charter (section 40, subd. 23), empowered to “provide for and…
2Cases cited13 opinions
- McCormack v. PatchinSupreme Court of Missouri · 1873
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
- Bills v. BelknapSupreme Court of Iowa · 1873
- Milhau v. SharpNew York Supreme Court · 1854
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3Cited by1 opinion
- Craft v. LentNew York Supreme Court · 1907