Marvin v. Pardee
New York Supreme Court
THIS action was brought to recover damages for tearing down and removing the plaintiff’s fence in front of his lot, formerly owned by Judge Jewett, situated on the North side of Genesee, street, in the village of Skaneateles.
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THIS action was brought to recover damages for tearing down and removing the plaintiff’s fence in front of his lot, formerly owned by Judge Jewett, situated on the North side of Genesee, street, in the village of Skaneateles. The defendant is a trustee of said village, and defends upon an allegation that all of his acts in regard to the matters alleged against him were done in his capacity of trustee, and in pursuance of proceedings instituted by the trustees of said village to remove said fence as an alleged encroachment upon the street in question. The action was tried at the circuit,…
1Opinion of the CourtHardin, J.
The principal question in this case arises upon the defence interposed, alleging that the fence in question was an encroachment upon the street. The defendant has established by the evidence, that an order was made by himself and his associate trustees of said village, requiring the plaintiff to remove the fence in question, and that such order, with a notice thereof, was served upon the plaintiff several days prior to the removal of the fence by the defendant.
The trustees of said village are expressly declared to be “commissioners of highways for said village, and possess all the powers…
2Cases cited9 opinions
- Talmage v. . HunttingNew York Court of Appeals · 1864
- Doughty v. BrillNew York Supreme Court · 1862
- Peckham v. HendersonNew York Supreme Court · 1858
- Trustees of Jordan v. OtisNew York Supreme Court · 1862
- Doughty v. BrillNew York Court of Appeals · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Schillawski v. State of New YorkNew York Court of Appeals · 1961
- Galveston, Harrisburg & San Antonio Railway Co. v. ChittimCourt of Appeals of Texas · 1902
- Orr v. Dayton & Muncie Traction Co.Indiana Supreme Court · 1911
- City of Buffalo v. HoffeldSuperior Court of Buffalo · 1893
- S. E. B. Holding Co. v. StateNew York Court of Claims · 1958
3 more not listed; retrieve them via the Exa API.