Buell v. Trustees of Lockport
New York Supreme Court
This cause was tried before Mr. Justice Hoyt at the Niagara circuit, in February, 1850, and a verdict was rendered for the plaintiffs for $2082,TO. The defendants tendered a bill of exceptions, and now moved for a new trial' thereon.
Read the full summary
This cause was tried before Mr. Justice Hoyt at the Niagara circuit, in February, 1850, and a verdict was rendered for the plaintiffs for $2082,TO. The defendants tendered a bill of exceptions, and now moved for a new trial' thereon. The action was in debt, and was commenced in 1845, to recover the amount of a judgment rendered by the president of the board of trustees of the village of Lockport, on the 26th day of August, 1839, for damages assessed and awarded to the plaintiffs, occasioned by laying out Saxton-street, in said village, across their lands, amounting to $>1200, with interest…
1Opinion of the Court
By the Court,
Taggart, P. J.
The defendants seek to set aside the verdict, on the grounds, 1st. That the proceedings for laying out said street were irregular, and for that reason the plaintiff can not recover the damages assessed by the jury, notwithstanding the confirmation of such assessment by the board of trustees, and the judgment rendered thereon by the president of such board. 2d. That the street so laid out ran across or over the site of a building or buildings, the expense of removing which would exceed one hundred dollars ; and that it is competent to prove what such expense would…
2Cases cited9 opinions
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
- Ludlow v. Bowne & EddyNew York Supreme Court · 1806
- President & Trustees v. PatchenCourt for the Trial of Impeachments and Correction of Errors · 1831
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Glen & Hall Manufacturing Co. v. HallNew York Supreme Court · 1871
- Buell v. Trustees of LockportNew York Court of Appeals · 1853