Dexter v. Alfred
New York Supreme Court
Appeal from circuit court, Franklin county. Action by Orrando P. Dexter against Warren Joseph Alfred for trespass on land. Judgment was entered on a verdict in favor of plaintiff for six cents, and costs were awarded to defendant, and plaintiff appeals.
1Opinion of the CourtPutnam, J.
This action was brought to recover damages for 33 alleged unlawful trespasses. The defendant, in his answer, does not deny plaintiff’s title to the premises described in the complaint, *593and admits one or more trespasses, but alleges that, in pursuance of chapter 114 of the Laws of 1890, one Henry Foster, commissioner of highways of the town of Waverly, proceeded to lay out a highway where the alleged trespasses were committed, taking the steps required by statute to lay out such highway, and the defendant, believing that the same was legally laid out, and before the court had decided the said…
2Cited by1 opinion
- Geidel v. Niagara Mohawk Power Corp.New York Supreme Court · 1965