Prime v. . City of Yonkers
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1907, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 16, 1907, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Defendant is not liable to plaintiffs by reason of the laying out and opening of Warburton avenue over the Old Mill road in 1860. (Bellinger v. N. Y. C. & H. R. R. R. Co., 23 N. Y. 48; Uppington v. City of New York, 165 N. Y. 222; Fries v. N. Y. & H. R. R. Co., 169 N. Y.…
1Opinion of the Court
Cullen, Ch. J.
The Hepperhan river flows through the city of Yonkers from east to west discharging into the Hudson river. In 1860 there had been several dams constructed along the course of the river, the water being utilized for mill purposes. About this time the village of Yonkers laid out and constructed Warburton avenue across a pond formed by one of these dams. The street was a solid causeway with two openings of twenty feet each to permit the flow of the water. In 1878 the city of Yonkers (the successor of the village) reconstructed Warburton avenue across the pond with a single opening…
2Cases cited9 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
4 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Buffalo Sewer Authority v. Town of CheektowagaNew York Court of Appeals · 1967
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Beck v. City of New YorkNew York Supreme Court · 1960
- Power v. Village of HibbingSupreme Court of Minnesota · 1930
- Burmaster v. StateAppellate Division of the Supreme Court of the State of New York · 1919
11 more not listed; retrieve them via the Exa API.