Fowler v. Lansing
New York Supreme Court
IN ERROR, on certiorari, from’ a justice’s court. Lansing brought an action against Fowler before the justice, to recover the penalty of 5 dollars, for obstructing a highway or road, under the 19th section of the act, to regulate highways, (sess. 24. c. 186.) which declares, that, « if any person shall hereafter obstruct any highway or road, or shall fill up or place any obstruction in any ditch constructed for draining water from any road, such person shail forfeit five…
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IN ERROR, on certiorari, from’ a justice’s court. Lansing brought an action against Fowler before the justice, to recover the penalty of 5 dollars, for obstructing a highway or road, under the 19th section of the act, to regulate highways, (sess. 24. c. 186.) which declares, that, « if any person shall hereafter obstruct any highway or road, or shall fill up or place any obstruction in any ditch constructed for draining water from any road, such person shail forfeit five dollars, for every offence, to be recovered,” &r. The road was not a public highway, but a private road, laid out by the…
1Per curiam
This was an action to recover the penalty, unc]er the 19th section of the act to regulate highways, for obstructing a private road, and the justice gave judgment for the penalty. The question is, whether the penalty given by that section is recoverable for such obstruction. We think, the sound and just construction of that section to be, that it relates only to highways or public roads. It ordains, “ that if any person, within any of the said towns shall hereafter obstruct any highway of road, See. such person, so offending, shall forfeit for every such offence, the sum of 5 dollars, to be…
2Cited by3 opinions
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- People v. RobinsonNew York Supreme Court · 1858