63 N.Y. 136 | NY | 1875
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The contractors for the construction of Ocean avenue claim to recover for the value of wood and timber removed by the owner from a portion of land forming the avenue, and their right is based upon an appropriation of the land, including growing timber, prior to the cutting and removal thereof by the defendant. The provisions of the statute (chap. 579, Laws of 1871) are not very definite as to the time when the appropriation became complete, so as to bind the public and the owners of property. This court held In re Washington Park (
As substantial justice was done by the result, although the grounds of the ruling are somewhat ambiguous, we do not think it should be disturbed.
The judgment should be affirmed.
All concur.
Judgment affirmed.