Caudwell v. Village of Hamburg

Judgment and order affirmed, with costs. Injunction suspended until September 6, 1936. All concur, except Edgeomb and Crosby, JJ., who dissent and vote for reversal on the law and facts, and to remit the case to the Special Term to determine the amount of the rental and fee damages which the plaintiff has sustained by reason of the appropriation by the defendant of plaintiff’s property rights in and to the stream in question, and that, when such damage has been determined, a judgment may be entered providing that, if within thirty days after the plaintiff shall tender to said defendant a…