Ex parte Clapper

By the Court, Bronson, J.

Without the consent of the owner, no road can be laid out “ through any buildings; or any fixtures or erections for the purposes of trade or manufactures ; or any yards or enclosures necessary to the use and enjoyment thereof.” (1 R. S. 514, § 57.) The words “ yards or enclosures” apply to “ buildings,” as well as to “ fixtures or erections for the purposes of trade.” (See Clark v. Phelps, 4 Cowen, 190 ; Lansing v. Caswell, 4 Paige, 523.) The road passes through the door-yard and buildings of Shelden, and leaves his well in the street. It also encroaches on the…