James v. . Sammis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1890, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Where a person using a laid out highway occasionally passes over the land adjoining it, that is not such a use as would make the adjoining land a highway.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1890, which affirmed a judgment in favor of defendants, entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. Where a person using a laid out highway occasionally passes over the land adjoining it, that is not such a use as would make the adjoining land a highway. (Rozell v. Andrews, 103 N. Y. 150.) There is no evidence in the case sufficient to establish that the premises in question had…
1Opinion of the CourtBradley, J.
The cause of action alleged is trespass upon the plaintiff’s land, in the town of Huntington, county of Suffolk, by entering upon it, taking down his fence and doing other injury to the premises. The defendants deny the alleged wrongful entry, and by way of justification, allege that the locus in quo Avas a public higlnvay, and that AA'hat they did there Avas done in pursuance to laAvful authority in removal of encroachments upon or obstructions Avithin such higliAvay. Whether that defense Avas sustained by the evidence is the main question requiring consideration. The plaintiff’s premises…
2Cases cited3 opinions
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
- Gould v. GlassNew York Supreme Court · 1855
- Galatian v. GardnerNew York Supreme Court · 1810
3Cited by13 opinions
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- People v. SutherlandNew York Court of Appeals · 1929
- Desmond v. Town of Summit, New York County Courts1975
- Ashland Oil & Refining Co. v. StateNew York Court of Appeals · 1970
- De Haan v. Broad Hollow Estates, Inc.Appellate Division of the Supreme Court of the State of New York · 1957
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