Rider v. . Stryker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiffs upon trial, and affirming an order denying a motion for a new trial. (Reported below, 2 Hun, 115 ; 4 T. & 0., 399.) This action was brought to recover damages for cutting and appropriating wood and timber alleged to have been taken and appropriated for Ocean avenue in the county of Kings.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon an order nonsuiting plaintiffs upon trial, and affirming an order denying a motion for a new trial. (Reported below, 2 Hun, 115 ; 4 T. & 0., 399.) This action was brought to recover damages for cutting and appropriating wood and timber alleged to have been taken and appropriated for Ocean avenue in the county of Kings. Plaintiffs were contractors for constructing Ocean avenue in the county of Kings under a contract with the commissioners. By…
1Opinion of the Court
Church, Ch. J.
The contractors for the construction of Ocean avenue claim to recover for the value of wood and timber removed by the owner from a portion of land forming the avenue, and their right is based upon an appropriation of the land, including growing timber, prior to the cutting and removal thereof by the defendant. The provisions of the statute (chap. 579, Laws of 1871) are not very definite as to the time when the appropriation became complete, so as to bind the public and the owners of property. This court held In re Washington Park (56 N. Y., 144), that under chapter 45, of the…
2Cases cited1 opinion
- In the Matter of Comrs. Wash. ParkNew York Court of Appeals · 1874
3Cited by4 opinions
- Salt Lake City Water & Electrical Power Co. v. Salt Lake CityUtah Supreme Court · 1902
- Seeley v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1900
- Seeley v. City of AmsterdamNew York Supreme Court · 1900
- In re Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1936