Hoy v. Hubbell
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dora Hoy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Cattaraugus on the 23d day of July, 1906, upon the decision of the court, rendered after a trial without a jury, dismissing the complaint upon the merits.
1Opinion of the Court
Williams, J.:
The judgment should be reversed and a new trial granted, with costs to the appellant to abide event.
The action was for trespass upon real property, to recover damages, and restrain further interference with the property.
The defendant was street commissioner of the village of Salamanca. The property in question was within the limits of Church street in that village, as such street was laid out by the trustees. There were obstructions upon the property which the street commissioner removed, and this interference with the property constituted the trespass for which the action was…
2Cases cited2 opinions
- Conde v. . City of SchenectadyNew York Court of Appeals · 1900
- In the Matter of SharpNew York Court of Appeals · 1874
3Cited by1 opinion
- In re the Assessment of the Cost & Expense of the Improvement of Central ParkwayNew York Supreme Court · 1931