People ex rel. Cunningham v. Osborn
New York Supreme Court
Appeal from special term, Orange county. Application by Richard M. Cunningham for mandamus to compel William H. Osborn and others, commissioners of highways, to open and work a road. The application was denied, and relator appeals.
1Opinion of the CourtDykman, J.
This proceeding was instituted for the procurement of a peremptory writ of mandamus which should command the commissioners of highways of the town of Tuxedo to remove the obstructions from a certain road in that town, which begins on the easterly side of a road leading from Arden to Bailytown, and terminates at a road leading from Dunderburg to Cedar Pond. An *359alternative writ was granted, to wMch the commissioners made a return, in which they stated that the road had not been used by the general public for 20 years, and that they should not be required to remove the obstructions therein. It…
2Cases cited2 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Harriman v. HoweNew York Supreme Court · 1894
3Cited by8 opinions
- Gore v. BlanchardSupreme Court of Vermont · 1922
- City of Buffalo v. Erie RailroadNew York Supreme Court · 1913
- McCutcheon v. Terminal Station CommissionNew York Supreme Court · 1915
- Ricketson v. Village of Saranac LakeNew York Supreme Court · 1911
- Riley v. BrodieNew York Supreme Court · 1898
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