People ex rel. Case v. Collins
New York Supreme Court
Mandamus. By an act of the legislature, passed 25lh May, 1836, the relators were appointed commissioners to lay out a public highway “ from the village of Earlville, in the counties of Madison and' Chenango, on the most direct and eligible route, commencing at or near the said village of Earlville, running in a southwesterly direction, and terminating at some proper point in the present road, at or near the house now occupied by Hazard Wilcox, junior.”
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Mandamus. By an act of the legislature, passed 25lh May, 1836, the relators were appointed commissioners to lay out a public highway “ from the village of Earlville, in the counties of Madison and' Chenango, on the most direct and eligible route, commencing at or near the said village of Earlville, running in a southwesterly direction, and terminating at some proper point in the present road, at or near the house now occupied by Hazard Wilcox, junior.” The act authorized the performance of the duty by any two of the commissioners, and two of them accordingly laid out a road described as “…
1Opinion of the Court
By the Court, Cowen, J.
Taking the return of the defendants to be correct, as on this motion we must do in settling the question of a peremptory mandamus, the route adopted by the commissioners under the statute was strikingly injudicious. That, however, is" not enough to warrant the disobedience of the town commissioners. They are required by the statute to open and work such road as should be laid out by the commissioners named in the statute, to begin at or near Earlville, and terminate at or near Wilcox, adopting the most direct and eligible route. The word near, as here used, is a…
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