In re Burdick
New York County Courts
This is a motion to confirm the decision of the commissioners appointed to determine the necessity of a proposed highway in the town of Copake, Columbia county, and to assess the damages by reason of the laying out of said highway. The commissioners decided in favor of laying out the highway and assessed the damages.
1Opinion of the CourtLongley, J.
The proposed highway follows the course of a private way for teams, extending from Columbia turnpike along the division line between two farms to two other farms, one of which is owned by the petitioner (who is also the owner of another farm on which he resides, in the town of Copake). . The evidence shows that this way had been used for the benefit of these latter farms for more than twenty years. It was for a part of its distance, at least, very narrow, not wide enough for two teams to pass. One of the two last-mentioned farms is — and I think both are mainly — in the town of Hillsdale.
The…
2Cases cited1 opinion
3Cited by2 opinions
- County of Morton v. ForesterNorth Dakota Supreme Court · 1918
- Fam v. ShapiroNew York Court of Appeals · 1965