Niagara Falls Suspension Bridge Co. v. Bachman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendant, entered upon the report of a referee. This action was for trespass, alleged to have been committed by Peter D. Bachman, defendant’s intestate, who was the original defendant, upon lands of the plaintiff, situate in the village of Niagara Falls.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department affirming a judgment in favor of defendant, entered upon the report of a referee. This action was for trespass, alleged to have been committed by Peter D. Bachman, defendant’s intestate, who was the original defendant, upon lands of the plaintiff, situate in the village of Niagara Falls. It was claimed by defendant that the locus m quo was a public highway, and that said Bachman, as superintendent of the village, entered thereon, cut down trees, dug up the soil, etc., for the purpose of making and…
1Per curiam
The referee has, to a great extent, substituted a statement of the evidence for a report of the facts as required by statute. He has found, as a conclusion of law, that the locus in guo was a public highway at the time of the entry, and the removal of the trees and gravel by the intestate, then an overseer of highways; but he has not found any fact from which the conclusion necessarily results. The disputed question of fact was whether a highway legally existed at the place, at the time of the alleged trespass. There was no proof that the land had been appropriated and occupied by the…
2Cases cited2 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Fonda v. BorstNew York Court of Appeals · 1865
3Cited by44 opinions
- Palmer v. . PalmerNew York Court of Appeals · 1896
- People v. . UnderhillNew York Court of Appeals · 1895
- Ramthun v. HalfmanTexas Supreme Court · 1883
- Alexander v. . CauldwellNew York Court of Appeals · 1881
- Matter of City of New York (E. 177th St.)New York Court of Appeals · 1924
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