Mayor of Rochester v. Curtiss
New York Court of Chancery
On filing bill in this cause an order was granted for the defendant to show cause why an injunction should not issue pursuant to the prayer of the bill. The bill and affidavits, on either side, present substantially the following case : The common council of the city of Rochester are ex officio commissioners of highways; they are charged with the duty of keeping the Genesee river clear of drift wood and other obstructions.
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On filing bill in this cause an order was granted for the defendant to show cause why an injunction should not issue pursuant to the prayer of the bill. The bill and affidavits, on either side, present substantially the following case : The common council of the city of Rochester are ex officio commissioners of highways; they are charged with the duty of keeping the Genesee river clear of drift wood and other obstructions. The Genesee river, by act of April 2, 1813, is declared to be a public highway from the great falls to the Canasuaga creek. The Genesee river runs through the city of ter,…
1Opinion of the Court
The Vice Chancellor.
The groundupon which the corporation complainants in this cause ask for an-injunction is, that, the erection of the wall already commenced by the defendant, wilt be an injury to the interests of those for whom they are trustees and guardians, either in their capacity as the local legislators of the city, or in their capacity as commissioners of highways. The bill claims that the erection of this wall, by reason of the narrowness of the Gene-see river at that point, will expose the property of the city and of the citizens, at hazard, in times of floods, and that it is in…
2Cited by2 opinions
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