Holmes v. Town of Rochester

Opinion op the Court by

Chief- Justice Settle

Affirming.

Laying aside, as unnecessary to be decided, certain motions of appellee made in this case, it is sufficient to *363say that the judgment of the lower court must he affirmed upon the ground presently indicated. The action was brought by the appellant, W. S. Holmes, seeking to recover of the appellee, town of Rochester, damages claimed to have resulted to him from a trespass alleged to have been committed by its council and servants in removing and setting back the fence on the front of a lot owned by him, situated on Commerce Street in the…