Kline v. Hibbard
New York Supreme Court
Appeal from circuit court, Onondaga county. Action by Eugene J. Kline against John P. Hibbard, Henry Z. Strong, and John R. Lord, for malicious prosecution. The complaint was dismissed on the merits, and plaintiff appeals.
1Opinion of the CourtMartin, J.
This action was for malicious prosecution. The defendants were commissioners of highways of the town of Onondaga, N. Y. It appeared by the undisputed evidence in the case that in the village of Onondaga Valley, a hamlet in the town of Onondaga, a strip of land about 60 rods in length and 6 rods in width had been used uninterruptedly by the public for street and other purposes for a period of much more than 20 years. The plaintiff was the owner and in possession of a lot which fronted upon this land. Some time in the summer or fall of the year 1892, he inclosed a portion of it in front of his…
2Cases cited1 opinion
- Hathaway v. JenksNew York Supreme Court · 1893
3Cited by5 opinions
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- Tarver v. Household Finance CorporationSupreme Court of Alabama · 1973
- Larocque v. DorseyCourt of Appeals for the Second Circuit · 1924
- Shipman v. LearnNew York Supreme Court · 1895
- Hinds v. ParkerAppellate Division of the Supreme Court of the State of New York · 1896