Evans v. Board of Street Com'rs
New York Supreme Court
Appeal from special term, Columbia county. Action by Robert W. Evans against the board of street commissioners of the city of Hudson to enjoin defendant from cutting down and removing or otherwise wasting or injuring the four trees standing and growing on plaintiff’s sidewalk in the city of Hudson, on Warren street. From a judgment entered on a decision sustaining a demurrer to the complaint, plaintiff appeals. Reversed.
1Opinion of the CourtMayham, P. J.
This is an appeal from a judgment entered upon the decision of the special term sustaining the defendant’s demurrer *548to the plaintiff’s complaint. The action was brought by the plaintiff, who is the owner of land situate on the north side of Warren street, in the.city of Hudson, and bounded upon that street.
The complaint alleges: That the defendant, the board of street commissioners of the city of Hudson, was created by chapter 276 of the Laws of 1891, as amended by chapter 697 of the Laws of 1892, and that, prior to the enactment of chapter 276 of Laws of 1891, the control of the streets of…
2Cases cited7 opinions
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- In re JohnNew York Supreme Court · 1839
- In re Mayor of New-YorkNew York Supreme Court · 1828
- Underwood v. . GreenNew York Court of Appeals · 1870
- People v. LawNew York Supreme Court · 1860
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3Cited by2 opinions
- Perras v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Elsheimer v. City of Niagara FallsAppellate Division of the Supreme Court of the State of New York · 1897