City of New Rochelle v. New Rochelle Coal & Lumber Co.

This is an action for a mandatory injunction to compel the defendant to remove certain obstructions from a certain specified locality, which the plaintiff claims constitute the southern terminus or part of a highway known as Echo avenue in the city of New Rochelle, and to refrain from further obstructing the same.

The fact of the existence of the obstructions is conceded by the defendant, but it attempts to justify the same by denying that the locality is a highway or a part thereof, and it claims that it is the private property of the defendant, subject to no public easement whatever. The…