# Flood v. Van Wormer

> New York Supreme Court · July 8, 1893 · 24 N.Y.S. 460

URL: https://www.frixlaw.com/law-library/cases/5505018

## Case

- **Full name:** FLOOD v. VAN WORMER, Commissioner of Highways
- **Court:** New York Supreme Court
- **Decided:** July 8, 1893
- **Citations:** 24 N.Y.S. 460; 70 Hun 415; 77 N.Y. Sup. Ct. 415; 53 N.Y. St. Rep. 682
- **Precedential status:** Published
- **Opinion:** Concurrence by Putnam
- **Judges:** Mayham, Putnam
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5505018

## Opinion text

PUTNAM, J.,
(concurring.) I have entertained doubts as to whether the action can be maintained on the conditional threat of defendant to remove plaintiff’s building after he had collected the penalty of $25. But I conclude that the very existence of the order, declaring plaintiff’s house an encroachment on the highway, constituted a threat justifying the action. If the house was an encroachment, the duty devolved on defendant to remove it, and he could at any time, without a moment’s warning, proceed to do so. Without considering the question as to whether the order constitutes a cloud on the title, I think there should be an affirmance of the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5505018. Public record. Not legal advice.