Legal Opinion

Trimmer v. City of Rochester

New York Supreme Court

Decided April 11, 1890Published

Appeal from special term, Monroe county. Action by Sylvester Trimmer against the city of Rochester. Plaintiff appeals from a judgment dismissing his complaint upon the merits.

1Opinion of the CourtMacomber, J.

On May 2, 1865, the defendant, by its common council, passed an ordinance for the improvement of Oak street, in that city, from Allen street to Lyell street. The plaintiff’s assignor, Thomas Brady, was assessed for such improvement in the sum of $492, divided into three equal annual payments of $164 each, two of which were paid by him or some one in his behalf into the city treasury, respectively, in the years 1865 and 1866. In an action brought in the year 1867 by one William E. Hasson, this street improvement was declared to be illegal, because certain property belonging to the state of Hew…

2Cases cited4 opinions

  1. Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
  2. Hassan v. . City of RochesterNew York Court of Appeals · 1876
  3. Diefenthaler v. Mayor of New YorkNew York Court of Appeals · 1888
  4. Jex v. Mayor of New YorkNew York Court of Appeals · 1888

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