Hughes v. . Bingham
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 13, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The deed does not create a public highway nor a private road.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 13, 1891, which affirmed a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The deed does not create a public highway nor a private road. (Jones v. Davis, 35 Wis. 376 ; State v. Green, 41 Iowa, 693; Shellbarger v. State, 110 Ind. 509; Cyr v. Madore, 73 Me. 53; People v. Jackson, 7 Mich. 446; Kennedy v. Williams, 87 N. C. 6; 28 Wis.…
1Opinion of the CourtO’Bbien, J.
The plaintiff sought the aid of a court of equity to restrain the defendants from working a highway which he had granted to the town, but under circumstances and with, conditions and restrictions that, as he claims, render the grant absolutely void. The trial court refused to interfere and we think its decision rests upon correct principles.
It has been found upon sufficient evidence that in October, 1890, the highway commissioner of one of the towns of Oneida county, as a result of proceedings under the statute and the finding of a jury, made an order laying out a highway over and across the…
2Cases cited3 opinions
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
- Duryea v. . VosburghNew York Court of Appeals · 1890
3Cited by3 opinions
- Borough of Fenwick v. Town of Old SaybrookSupreme Court of Connecticut · 1946
- Longley v. City of WorcesterMassachusetts Supreme Judicial Court · 1939
- President of Middlebury College v. Central Power Corp.Supreme Court of Vermont · 1928