Wakeman v. . Wilbur
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 13, 1888, which reversed a judgment in favor of plaintiff, entered upon the report of a referee, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 13, 1888, which reversed a judgment in favor of plaintiff, entered upon the report of a referee, and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The referee was right in holding that the locus in quo is a jrablic highway. {Sage v. Barnes, 9 Johns. 365 ; Chapman v. Oates, 46 Barb. 319 ; In re James, 43 Hun, 67; Dougherty v. Hope, 1 N. Y. 79 ; People v. Carpenter, 24 N. Y. 86; Miller v. Oarlock, 8 Barb.…
1Opinion of the Court
O’Beibh", J.
The court below has reversed a judgment recovered by the plaintiff on the report of a referee. It does not appear from the order that the reversal was upon the facts, and we must, therefore, assume that it was upon some question of law. The action was brought to compel the defendant to remove obstructions from a public highway and for damages which it was alleged that the plaintiff had sustained in consequence of the unlawful obstruction. It was claimed that the invasion of tlio highway by the defendant amounted to a public nuisance, and that the plaintiff, by reason thereof, had…
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- Callanan v. . GilmanNew York Court of Appeals · 1887
- Doolittle v. . Supervisors of Broome CountyNew York Court of Appeals · 1858
- Francis v. . SchoellkopfNew York Court of Appeals · 1873
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
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