City of Cohoes v. President of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal in each action from a judgment of the G-eneral Term of the Supreme Court in the third judicial department, entered upon an order made September 10, 1889, which affirmed a judgment in favor of defendant entered uuon a decision of the court on trial at Special Term.
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Appeal in each action from a judgment of the G-eneral Term of the Supreme Court in the third judicial department, entered upon an order made September 10, 1889, which affirmed a judgment in favor of defendant entered uuon a decision of the court on trial at Special Term. The action first above entitled was commenced December 27, 1885, to restrain the defendant from laying an additional railroad track in an alleged public street of the city of Cohoes, without the permission of the proper authorities. The defendant denied that the so-called street was ever a public highway, and alleged that it…
1Opinion of the CourtVann, J.
Public highways may be created in four ways :
1. By proceedings under the statute. (2 R. S. [8th ed.] p. 1372 eiS seq.; also p. 1383, § 100.)
2. By prescription, or where land is used by the public for a highway for twenty years, with the knowledge, but without the consent, of the owner. The presumption of a grant of the right of way springs from the mere .lapse of said period of time in connection with the adverse user by the 2>ublic.
3. By dedication through offer and implied acceptance, or where the owner throws open his land intending to dedicate it for a highway, and the public usé it for…
2Cases cited24 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Halpin v. . Phenix Ins. Co.New York Court of Appeals · 1890
- Wolf v. BrassTexas Supreme Court · 1888
- Bennett v. . BatesNew York Court of Appeals · 1884
19 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Porter v. . International Bridge Co.New York Court of Appeals · 1910
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
- City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Nichols Copper Co. v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1924
54 more not listed; retrieve them via the Exa API.