Matter of Sly

New York Court of Appeals

Matter of Sly

69 N.E. 1104, 177 N.Y. 465, 15 Bedell 465, 1904 N.Y. LEXIS 954

DecidedFebruary 23, 1904

StatusPublished

This text of 69 N.E. 1104 (Matter of Sly) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Matter of Sly, 69 N.E. 1104, 177 N.Y. 465, 15 Bedell 465, 1904 N.Y. LEXIS 954 (N.Y. 1904).

Pincite

Opinion

Werner, J.

In all essential particulars except one this proceeding for the alteration of a highway seems to have been conducted in substantial conformity with the provisions of the Highway Law.

The exception referred to is the modification by the County Court of the decision of the commissioners in respect to the construction and maintenance of a “ cattle pass ” across the proposed highway. The decision of the commissioners directed that the town of Woodhull should build a suitable and sufficient cattle pass across the highway as altered between the parts of appellant Baldwin’s farm to be separated by the altered highway. Upon the appellant’s motion to vacate in toto the decision of the commissioners, the County Court modified the same by directing that the damages awarded to the appellant should be increased by adding thereto the sum of fifty dollars; that the town of Woodhull be relieved from building the cattle pass, and that the appellant Baldwin should be allowed to build the same at his own expense.

This modification not only increased the money award to the appellant, but it also added to the burdens to be assumed and borne by him, and as it was not asked for by either party, it should not have been ordered by the County Court, even if *467 it had the power, a question which we do not now assume to> decide.

The ruling of the County Court in this regard is not, however, of sufficient importance to require a reversal of the final order herein and we, therefore, modify the same "by striking out the modification of the County Court as above set forth, and as thus modified, the order appealed from is affirmed, without costs to either party.

Parker, Cli. J., Gray, Haight, Martin, Yann and Cullen, JJ., concur.

Ordered accordingly.

Free access — add to your briefcase to read the full text and ask questions with AI

Werner, J.

In all essential particulars except one this proceeding for the alteration of a highway seems to have been conducted in substantial conformity with the provisions of the Highway Law.

The exception referred to is the modification by the County Court of the decision of the commissioners in respect to the construction and maintenance of a “ cattle pass ” across the proposed highway. The decision of the commissioners directed that the town of Woodhull should build a suitable and sufficient cattle pass across the highway as altered between the parts of appellant Baldwin’s farm to be separated by the altered highway. Upon the appellant’s motion to vacate in toto the decision of the commissioners, the County Court modified the same by directing that the damages awarded to the appellant should be increased by adding thereto the sum of fifty dollars; that the town of Woodhull be relieved from building the cattle pass, and that the appellant Baldwin should be allowed to build the same at his own expense.

This modification not only increased the money award to the appellant, but it also added to the burdens to be assumed and borne by him, and as it was not asked for by either party, it should not have been ordered by the County Court, even if *467 it had the power, a question which we do not now assume to> decide.

The ruling of the County Court in this regard is not, however, of sufficient importance to require a reversal of the final order herein and we, therefore, modify the same "by striking out the modification of the County Court as above set forth, and as thus modified, the order appealed from is affirmed, without costs to either party.

Parker, Cli. J., Gray, Haight, Martin, Yann and Cullen, JJ., concur.

Ordered accordingly.

Cite This Page — Counsel Stack

Bluebook (online)

69 N.E. 1104, 177 N.Y. 465, 15 Bedell 465, 1904 N.Y. LEXIS 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-sly-ny-1904.