Cleveland v. Cleveland
New York Supreme Court
Error from the Washington common pleas. D. R. Cleveland sued A. Cleveland in a justice’s court for trespass, in walking over his lands. The defendant passed from the beaten track of a public highway over a fence into his own lands, and in doing so passed over a strip of land belonging to the plaintiff, of from six to ten feet in width, lying between the road and the fence, allowing the road to be only two rods wide.
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Error from the Washington common pleas. D. R. Cleveland sued A. Cleveland in a justice’s court for trespass, in walking over his lands. The defendant passed from the beaten track of a public highway over a fence into his own lands, and in doing so passed over a strip of land belonging to the plaintiff, of from six to ten feet in width, lying between the road and the fence, allowing the road to be only two rods wide. The beaten track is two feet west of the centre of the road which is now travelled as it was when laid out. The fence over which the defendant passed is to the east of the road.…
1Opinion of the Court
By the Court,
Nelson, J.
There is no evidence showing that the road referred to in the return, and which is a public road, was originally laid out only two rods wide. The statute *1732 R. L. 277, § 22, see also Act of 1801, Webst. ed. 1 Vol. 591, § 17, required roads to be laid out four rods wide. The revised statutes now require public l’oads to be not less than three rods wide. This road may not have been more than two rods , , , , , . . . .. . . under some old law, or by prescription; but if so, it lay upon the plaintiff to prove the fact, as it would be an exception to public roads generally. If…
2Cases cited1 opinion
- Whitney v. SuttonNew York Supreme Court · 1833
3Cited by7 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- Noyes v. WardSupreme Court of Connecticut · 1848
- Town of Marion v. SkillmanIndiana Supreme Court · 1891
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
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