Robert v. Sadler
New York Supreme Court
Appeal from a judgment, entered in favor of tbe defendants against tbe plaintiffs on dismissing tbe complaint on tbe merits. Tbe cause was tried before Mr. Justice Cullen, at Special Term, ■and judgment was entered upon bis decision.
Read the full summary
Appeal from a judgment, entered in favor of tbe defendants against tbe plaintiffs on dismissing tbe complaint on tbe merits. Tbe cause was tried before Mr. Justice Cullen, at Special Term, ■and judgment was entered upon bis decision. Tbe action was brought by Jane Robert to enjoin tbe defendants, who claim to be commissioners for grading Eighteenth avenue, in tbe town •of New Utrecht, from digging gravel from that portion of Eighteenth avenue so-called, which lay in front of her farm, and carrying the same away. Jane Robert died while the action was pending, and the action was continued in…
1Opinion of the Court
BarNard, P. J. :
The opening of a road is not completed when a certain and fixed piece of land is taken from the' owner for a highway. It is necessary first to open and work it. This includes so grading the surface of the land as to make the road fit for travel. Hills must be cut down and valleys and swamps filled up. There is no fixed grade beyond such a line as is best adapted to make a good and easy road. This grade may be changed from year to year to meet appropriations of money for improvement. It has always been held in this State that the material and timber within the limits of the…
2Cases cited3 opinions
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Fisher v. City of RochesterNew York Supreme Court · 1872
- Niagara Falls Suspension Bridge Co. v. BachmanNew York Supreme Court · 1871