Sturges v. Tetlow

Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered October 25, 1972 in Ulster County, upon a decision of the court at a Trial Term, without a jury. The parties to this litigation are adjoining property owners whose lands include a portion of the old D & H Canal in the Town of Rochester, Ulster County. Adjacent to the canal bed is a dirt roadway known as the -Canal Towpath which is used for foot or vehicular traffic. A portion of this roadway lies within the lands of defendants, who own to the centerline as it approaches plaintiffs’ adjoining property. Plaintiffs claim…