Town of Sardinia v. . Butler
New York Court of Appeals
Appeal from judgment of the General Term" of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.
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Appeal from judgment of the General Term" of the Supreme Court in the fifth judicial department, entered upon an order made June 20, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. In November, 1892, the plaintiff commenced an action against the defendant in a Justice’s Court before Willis G. Clark, Esq., a justice of the peace in and for the town of Concord, Erie county, 1ST. Y., to recover the penalty provided by section 105 of chapter 568 of the Laws of 1890, for the defendant’s neglect or refusal to…
1Opinion of the CourtMartin, J.
With our view of this case, the single question which need be considered in determining this appeal is whether the notice served upon the appellant directing him to remove his fence was sufficient.
The statute providing for such notice and the penalty for not complying with it as it now stands, and stood at the time this notice was given, is as follows : “ The commissioners of highways shall serve upon the owner or occupant of lands adjoining that part of a highway within their town, in which any obstruction or encroachment may exist, a notice specifying the extent and location of such…
2Cases cited2 opinions
- Fitch v. Commissioners of HighwaysNew York Supreme Court · 1839
- Spicer v. SladeNew York Supreme Court · 1812
3Cited by1 opinion
- Town of West Union v. RicheyAppellate Division of the Supreme Court of the State of New York · 1901