Harrington v. People
New York Supreme Court
Error from the court of general sessions of Washington county. This was an indictment for an assault and battery, committed upon one Martin Burch by the defendant below, while Burch was engaged in removing a fence. The question on the trial was, whether the place where the fence (attempted to be removed) was standing, and where the assault and battery was committed, was a public highway.
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Error from the court of general sessions of Washington county. This was an indictment for an assault and battery, committed upon one Martin Burch by the defendant below, while Burch was engaged in removing a fence. The question on the trial was, whether the place where the fence (attempted to be removed) was standing, and where the assault and battery was committed, was a public highway. The district attorney offered parol and documentary evidence to show that the place was in a public highway; which evidence was objected to by the defendant as inadmissible, but was received by the court. The…
1Opinion of the Court
By the Court, Paige, P. J.
Burch was a witness on the trial, on behalf of the people. He was asked whether the place in question was a public highway. This question was objected to by the defendant, but the objection was overruled by the court. Burch testified that the place was a public highway. It is apparent from the evidence, that the public highway, or what was claimed to be one, had neither been opened or worked, or used as a public highway. The attempt therefore was, by parol evidence, to divest the title of the owners of real estate. I think the evidence was inadmissible.
The district…
2Cases cited11 opinions
- Borden v. FitchNew York Supreme Court · 1818
- Starbuck v. MurrayNew York Supreme Court · 1830
- Mills v. MartinNew York Supreme Court · 1821
- Atkins v. KinnanNew York Supreme Court · 1838
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
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3Cited by29 opinions
- Ferguson v. . CrawfordNew York Court of Appeals · 1877
- Board of Commissioners v. MarkleIndiana Supreme Court · 1874
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Middleton v. LowCalifornia Supreme Court · 1866
- Latham v. EdgertonNew York Supreme Court · 1828
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