People Ex Rel. Bowen v. . Jones
New York Court of Appeals
Appeal from judgment of the General Term of the •Supreme Court, in the fourth judicial department, reversing, upon certiorari, an order made by the commissioner of highways of the town of Booneville, Oneida county. (Reported below, 2 T. & 0., 360.) The highway in question terminated in another; from a point fourteen chains forty-seven links, it ran obliquely across the farm of the applicant for the alteration.
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Appeal from judgment of the General Term of the •Supreme Court, in the fourth judicial department, reversing, upon certiorari, an order made by the commissioner of highways of the town of Booneville, Oneida county. (Reported below, 2 T. & 0., 360.) The highway in question terminated in another; from a point fourteen chains forty-seven links, it ran obliquely across the farm of the applicant for the alteration. The order appealed from changed the route from said point, so that the road would run on the line of lots, and enter the other road at right angles, thereby shortening the distance to…
1Opinion of the Court
Church, Ch. J.
The certiorari is brought to review the proceedings of the highway commissioner in altering a public highway near its termination in another highway, by changing its direction, where it run obliquely through the farm of one of the petitioners, so as to make it run on the line of lots and strike the other highway at right angles, thereby shortening the distance from the point of divergence to the other highway about twenty rods. This was done with the assent of the owners of the land through which the altered road run, and they released all damages caused thereby. The proceedings…
2Cases cited1 opinion
- Marble v. . WhitneyNew York Court of Appeals · 1863
3Cited by7 opinions
- Tuggle v. TribbleSupreme Court of Arkansas · 1928
- Miller Investment Co. v. City of MilwaukeeWisconsin Supreme Court · 1932
- Proctor v. ClarkeNew York Surrogate's Court · 1878
- Buchholz v. New York, Lake Erie & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Buchholz v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1892
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