Ely v. City of Rochester
New York Supreme Court
THIS was an appeal from a judgment rendered at special term, against the plaintiff, upon demurrer to the complaint. The suit was instituted to restrain the erection of a bridge across the Genesee river, in the city of Rochester, upon the plan proposed by the defendants, on the ground that the erection would obstruct the passage of the water in the stream, and set it back upon the plaintiffs’ mills.
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THIS was an appeal from a judgment rendered at special term, against the plaintiff, upon demurrer to the complaint. The suit was instituted to restrain the erection of a bridge across the Genesee river, in the city of Rochester, upon the plan proposed by the defendants, on the ground that the erection would obstruct the passage of the water in the stream, and set it back upon the plaintiffs’ mills. The plaintiffs are all owners of mills and hydraulic privileges situate upon the river, above the bridge proposed to be erected. The complaint stated that Rochester, Carroll and Fitzhugh were,…
1Opinion of the Court
By the Court, Johnson, P. J.
Neither the right of the public to a passage over the Genesee river, by means of a bridge, nor the right of the city, in its corporate character, to construct a bridge at the point where the bridge is about to be constructed, is denied, or in any manner drawn in question by the complaint. Indeed it appears plainly, on the face of the complaint, that the defendants are only proceeding to rebuild, upon the same site on which a bridge has been maintained and used, as a highway or public thoroughfare, for a great number of years past. The action is not to prevent the…
2Cases cited1 opinion
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by11 opinions
- City of Pontiac v. CarterMichigan Supreme Court · 1875
- Bell v. City of PlattevilleWisconsin Supreme Court · 1888
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- Tyson v. CommissionersCourt of Appeals of Maryland · 1868
- Ordway v. Village of CanisteoNew York Supreme Court · 1893
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