1 Wend. 53 | N.Y. Sup. Ct. | 1828
By the Court,
The plaintiff by the verdict of the jury, and the judgment of the president of the village thereon, acquired a vested right to the sum awarded to him as damages, which it was not in the power of the trustees to defeat, by discontinuing the proceedings in relation to the street. The power of the trustees, under the 25th section ot ffe act “ to incorporate the village of Rochester,” (Statutes, vol.7, b. 125, passed April 10, 1826,) is analogous to that of the corpo.T4.ion of New-York, in opening and laying out streets. (2 R. J. 408.) In the matter of Dover-street, (18 Johns. R. 506,) the oor-poration were permitted to discontinue their proceedings. Commissioners of estimate and assessment had been appointed, but they refused to act, and the court considered the case standing in the same condition as though no commissioners had ever been appointed ; and they sajr, before commissioners are appointed, or re
Judgment for plaintiff.