In re Myers

Appellate Division of the Supreme Court of New York

In re Myers

257 A.D. 896, 12 N.Y.S.2d 397, 1939 N.Y. App. Div. LEXIS 8314

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 1939

StatusPublished

This text of 257 A.D. 896 (In re Myers) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Myers, 257 A.D. 896, 12 N.Y.S.2d 397, 1939 N.Y. App. Div. LEXIS 8314 (N.Y. Ct. App. 1939).

Pincite

Opinion

Appeal from an order of the County Court of Chemung county, made on January 4, 1939, and entered in the Chemung county clerk’s office on January 10, 1939, appointing three commissioners to assess the damages sustained by petitioners-respondents on account of the improvement of a stream along a town highway. The petition showed that after a heavy storm in October, 1937, the town superintendent of highways of the town of Big Flats in the county of Chemung, with the knowledge and apparent consent of the town board of that town, entered upon petitioners’ lands along a town highway for the purposes of removing gravel and debris from the highway and constructing a new channel for the stream which flowed over petitioners’ lands near this highway. The entry upon petitioners’ lands was made without any previous agreement for the payment of damages. Order unanimously affirmed, with fifty dollars costs and disbursements.

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Appeal from an order of the County Court of Chemung county, made on January 4, 1939, and entered in the Chemung county clerk’s office on January 10, 1939, appointing three commissioners to assess the damages sustained by petitioners-respondents on account of the improvement of a stream along a town highway. The petition showed that after a heavy storm in October, 1937, the town superintendent of highways of the town of Big Flats in the county of Chemung, with the knowledge and apparent consent of the town board of that town, entered upon petitioners’ lands along a town highway for the purposes of removing gravel and debris from the highway and constructing a new channel for the stream which flowed over petitioners’ lands near this highway. The entry upon petitioners’ lands was made without any previous agreement for the payment of damages. Order unanimously affirmed, with fifty dollars costs and disbursements.

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Bluebook (online)

257 A.D. 896, 12 N.Y.S.2d 397, 1939 N.Y. App. Div. LEXIS 8314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-myers-nyappdiv-1939.