Legal Opinion

Bernhard v. City of Rochester

Appellate Division of the Supreme Court of the State of New York

Decided July 24, 1908PublishedCited by 9 opinions

Appeal by the defendant, The City of Bochester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office. of the clerk of the county of Monroe on the 31st day of December, 1907, upon the verdict of a jury, and also from an order entered in. said clerk’s office on the 31st day of December, 1907, denying the defendant’s motion for a new trial made upon the minutes. .

1Opinion of the Court

Spring, J.:

For thirty-five years or more Orchard street has been one of the public streets of the city of Bochester, extending in a northerly and. southerly direction. It is a residence street, quite thickly settled, until ^recently with a dirt road and with' sidewalks all at a grade fixed and recognized by user for a long period of time. The plaintiff owns a lot with 159 feet frontage on the westerly side and another 72- feet wide on the easterly side of the street, and each lot abuts on the north on the premises of - the Dew York Central Bailroad Company, whose tracks for many years crossed…

2Cases cited6 opinions

  1. Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
  2. Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
  3. Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
  4. Smith v. . Boston Albany Railroad Co.New York Court of Appeals · 1905
  5. Matter of BorupNew York Court of Appeals · 1905

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Panhandle Const. Co. v. ShiremanCourt of Appeals of Texas · 1935
  2. Cook v. StateNew York Court of Claims · 1941
  3. Trippe v. Port of New York AuthorityNew York Supreme Court · 1962
  4. Bersani Building, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1964
  5. Rigney v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1914

4 more not listed; retrieve them via the Exa API.

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