Cook v. Covil
New York Supreme Court
Appeal from a judgment of the County Court of Genesee county, affirming a judgment of a justice of the peace, entered upon a verdict of a jury finding an encroachment by the defendant upon a highway. The commissioner of highways, of the town of Pavilion, made an order, and gave a notice in respect to an alleged encroachment. The defendant denied the encroachment, and a jury was summoned in the justice’s court, and certified the particulars of said supposed encroachment.
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Appeal from a judgment of the County Court of Genesee county, affirming a judgment of a justice of the peace, entered upon a verdict of a jury finding an encroachment by the defendant upon a highway. The commissioner of highways, of the town of Pavilion, made an order, and gave a notice in respect to an alleged encroachment. The defendant denied the encroachment, and a jury was summoned in the justice’s court, and certified the particulars of said supposed encroachment. The defendant appealed to the county court, which affirmed the judgment, and the defendant thereupon appealed to this court.
1Opinion of the Court
Hardin, J. :
The one hundred and third section of the Revised Statutes, relating to encroachments upon highways, was amended by chapter 125 of the Laws of 1870 by inserting after the words “laid out,” in the first line, the words “ or ascertained, described and entered of record, in the town clerk's office.”
Prior to such amendment it was held that proceedings under the Revised Statutes, in respect to encroachments, did not apply to highways established by prescription. (Doughty v. Brill, 36 Barb., 488; S. C. affirmed, 3 Keyes, 612; Marvin v. Pardee, 64 Barb., 359.) The original section, and…
2Cases cited5 opinions
- Talmage v. . HunttingNew York Court of Appeals · 1864
- Doughty v. BrillNew York Supreme Court · 1862
- Doughty v. BrillNew York Court of Appeals · 1867
- Spicer v. SladeNew York Supreme Court · 1812
- Talmage v. HuntingNew York Supreme Court · 1863