Bruyn v. Graham
New York Supreme Court
Error from thé Ulster common pleas. The cause was tried in the common pleas, on an appeal from a justice’s ju^£ment* Graham sued Bruyn in trespass for entering on his Jand. Bruyn pleaded the general issue, and justified his entry as an overseer of highways, for the purpose of opening an¿ working a road in pursuance of directions from- the . . 13 , . , 1 ' „ commissioners of highways of the town of Shawangunk. The entry of the defendant was shewn.
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Error from thé Ulster common pleas. The cause was tried in the common pleas, on an appeal from a justice’s ju^£ment* Graham sued Bruyn in trespass for entering on his Jand. Bruyn pleaded the general issue, and justified his entry as an overseer of highways, for the purpose of opening an¿ working a road in pursuance of directions from- the . . 13 , . , 1 ' „ commissioners of highways of the town of Shawangunk. The entry of the defendant was shewn. The defendant proved, that on the 17th May, 1825, a road was laid out on the plaintiff’s land by the commissioners of highways, on the application…
1Opinion of the Court
By the Court,
Woodworth, J.
This case depends on the construction to be given to the 36th and 37th sections of the act to regulate highways. The 37th section declares, that no road which has been fixed by the decision of the judges on appeal, shall be taken up or altered,' but by the order of the same judges, or such of them as shall continue in commission, joined with such other judge or judges as will make three; and that any person who desires to have such road discontinued or altered, may, with the approbation of the commissioners, call upon the judges to view the same, and decide upon the…
2Cases cited1 opinion
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
3Cited by2 opinions
- In re LaidlawAppellate Division of the Supreme Court of the State of New York · 1914
- Parsons v. WilcoxMissouri Court of Appeals · 1921