People v. Lawson
New York Supreme Court
THE defendant was indicted at a Court of Oyer and Ter-miner, held in Orange county, the 22d of September, 1817, for a nuisance, in obstructing a street or a public highway, in the village of Newburgh, on the 1st of April, 1817, by erecting a house jn the said highway.
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THE defendant was indicted at a Court of Oyer and Ter-miner, held in Orange county, the 22d of September, 1817, for a nuisance, in obstructing a street or a public highway, in the village of Newburgh, on the 1st of April, 1817, by erecting a house jn the said highway. The indictment was tried at the ° Court of Oyer and Terminer, held before Mr. Justice Van Ness, the 28th of November, 1818, when a verdict of guilty was taken by consent, subject to the-opinion of the court on all the points of law arising on the case. The jury, however, found, specially, that “ the road in question was not used…
1Opinion of the Court
*Platt, J.,
delivered the opinion of the court.
By the 24th section of the “act to regulate highways,” (19th of March, 1813, 2 R. L. 277. 1 Rev. Stat. 52L ⅜ 100.) it is enacted, that where any roads have been used as public highways, for twenty years next preceding the 21st of March, 1797, the same shall be deemed public highways, although no record thereof has been made.
By the 36th section of the same act it is enacted, that if any person shall conceive himself aggrieved by the determination of “the commissioners of highways,” either in laying out,, altering, or discontinuing any road, it…
2Cited by1 opinion
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