Claim of Torge v. Village of Salamanca
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Salamanca, E. Y., from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Cattaraugus on the 21st day of March, 1903, appointing commissioners to ascertain the damages sustained by the respondent by reason of the change of grade of Main street in the village of Salamanca, E. Y-
1Opinion of the Court
Williams, J. :
The order should be reversed and the proceeding dismissed, with costs. " ' '
The proceeding was commenced by petition. An answer was served by the village. It was referred to W. S. Thrasher as referee to take proof as to the issues, except damages. The referee heard the matter and made findings of fact and of law, and thereupon the court adopted the findings of the referee and made the order appealed from. The parties stipulated to leave the evidence taken by the referee out of the record, and, therefore, the findings of fact will be regarded as supported by the evidence and as…
2Cases cited2 opinions
- In Re Whitmore v. . Vil. of TarrytownNew York Court of Appeals · 1893
- In re GreerAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by1 opinion
- Torge v. Village of SalamancaAppellate Division of the Supreme Court of the State of New York · 1903