Schneider v. City of Rochester

The defendant instituted proceedings under its charter to condemn a piece of land for street purposes. Commissioners were appointed to assess the damage, which they assessed at $40,000. The report of the commissioners was presented to the common council, and the committee appointed a time for hearing objections to its confirmation. At the time appointed no one made objection; but a motion was made by a member of the common council that the report be set aside, and the city attorney be instructed to procure the appointment of another commission. At that time this plaintiff, by her counsel,…