Bradshaw v. Rodgers
New York Supreme Court
ON certiorari to a Justice’s Court. Bradshaw, who was plaintiff below, declared for a tres-, pass, committed by the defendants, on his land, on the west side of the Waterford and Whitehall Turnpike, between the seventh and eighth mile stones, by the defendants’ entering 1 hereon, and cutting, &c„, young and thrifty timber 5 and demanded damages to 50 dollars.
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ON certiorari to a Justice’s Court. Bradshaw, who was plaintiff below, declared for a tres-, pass, committed by the defendants, on his land, on the west side of the Waterford and Whitehall Turnpike, between the seventh and eighth mile stones, by the defendants’ entering 1 hereon, and cutting, &c„, young and thrifty timber 5 and demanded damages to 50 dollars. The defendants admitted the trespass, but denied the denied the amount of damages, and the plaintiff’s right to recover 5 and pleaded a justification under the several acts relative to canals, and the acts passed in addition thereto. The…
1Opinion of the Court
Spencer, Ch. J.s
delivered the opinion of the Court.
The same objections which were urged against the defence set up in the Court below, have been made here, as grounds for the reversal of the judgment. The third section of the act of the 40th session, ch. 262, does not apply to this case, because, the plaintiff’s land has not been entered upon for the prosecution of the canal improvements intended by that section. For such objects it does not admit of a doubt, that the canal commissioners, and their agents, have a right to enter upon and occupy lands necessary to effectuate the objects of…
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