Commissioners of Highways of Sherburne v. Judges of Chenango
New York Supreme Court
Highways. This case arises on a certiorari directed to three of the judges of the county of Chenango, to review their doings, on an appeal made to them from the determination of the commissioners of highways of Sherburne, in respect to the laying out of a road. Application was made to the commissioners to lay out a road, and twelve freeholders were assembled and certified that the highway1 applied for was necessary and proper to be laid out.
Read the full summary
Highways. This case arises on a certiorari directed to three of the judges of the county of Chenango, to review their doings, on an appeal made to them from the determination of the commissioners of highways of Sherburne, in respect to the laying out of a road. Application was made to the commissioners to lay out a road, and twelve freeholders were assembled and certified that the highway1 applied for was necessary and proper to be laid out. In their certificate the proposed road was described as commencing at a turnpike road running east and west through the village of Sherburne, and running…
1Opinion of the Court
By the Court,
Helsos, C. J.
The only question in this case is, whether the judges can, on appeal, reverse in part and affirm in part the determination of the commissioners of highways in refusing to lay out a road.
I am of opinion they cannot, where the road in contemplation passes through improved lands, and as to the necessity for which the certificate of twelve freeholders is required. In that case the person applying'is required to post notices in three public places of the town, specifying, as near as may be, the route, the several tracts of land through which the road is to pass, and the…
2Cited by5 opinions
- The People v. . Commissioners of HighwaysNew York Court of Appeals · 1853
- In re the City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Walker v. BakerNew York Supreme Court · 1855
- Ford v. DanburySupreme Court of New Hampshire · 1860
- People ex rel. Wilkinson v. CarmanNew York Supreme Court · 1888