Kelley v. City of Troy

Cochrane, P, J.:

The first difficulty which confronts the plaintiff is the burden of establishing that the place of the accident was a public thoroughfare of the city. In Fountaine v. Fuld & Hatch Knitting Co. (207 App. Div. 542) some of the authorities bearing on this question were collated by Mr. Justice Hinman. He quoted from the leading case of Speir v. Town of New Utrecht (121 N. Y. 420, 429) as follows: “ All we have here is that the road was used by the public generally.’ But the mere fact that a portion of the public travel over a road for twenty years cannot make it a highway; and the…