Flood v. Van Wormer
New York Supreme Court
Appeal from judgment on report of referee. Action by John Flood against Henry Van Wormer, as . commissioner of highways of the town of Rotterdam, to restrain the removal of plaintiff’s house as an encroachment on the highway. Judgment for plaintiff. Defendant appeals.
1Opinion of the CourtMayham, P. J.
This is an appeal from a judgment entered upon the report of Hon. Charles O. Tappan, as referee in an action in equity to restrain the defendant, as commissioner of highways, from proceeding to remove plaintiff’s house, which, it was alleged, encroached upon the public highway, and which he was about to remove as an alleged encroachment. The defendant, at the time of the commencement of the action, was, and for some time previous thereto had been, the sole acting commissioner of highways of the town of Rotterdam, Schenectady county. The plaintiff, since the 29th day of July, 1887, had been…
2Cases cited8 opinions
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
- Ward v. . DeweyNew York Court of Appeals · 1858
- Crooke v. . AndrewsNew York Court of Appeals · 1869
- Newell v. . WheelerNew York Court of Appeals · 1872
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3Cited by2 opinions
- Evans v. Board of Street Com'rsNew York Supreme Court · 1895
- Elsheimer v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1897