City of Rochester v. Gray
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The City of Rochester, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Livingston on the 25th day of January, 1909, upon.the decision of the court, rendered after atrial at the Livingston Special Term, 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.
*853The action was brought to restrain the commissioner of highways from doing work upon what he claimed was a highway of his town. The city claimed the highway had been legally discontinued and that the commissioner was attempting to reopen it. The highway was closed under the provisions of chapter 1018 of the Laws of 1895, authorizing the appointment by the Supreme Court of three commissioners to acquire for the use of the city of Rochester the shore of Hemlock lake, or so much…
2Cases cited8 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Fearing v. . IrwinNew York Court of Appeals · 1874
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- Jones v. FosterAppellate Division of the Supreme Court of the State of New York · 1899
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3Cited by3 opinions
- City of Schenectady v. StateNew York Court of Claims · 1957
- City of Rochester v. GrayNew York Supreme Court · 1910
- City of Rochester v. GrayAppellate Division of the Supreme Court of the State of New York · 1910