Herrick v. Stover
New York Supreme Court
Error from the Rensselaer common pleas. Herrick sued Stover in a justice’s court for an encroachment upon a private road, obtained by him over the lands of the defendant, under the statute regulating highways.
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Error from the Rensselaer common pleas. Herrick sued Stover in a justice’s court for an encroachment upon a private road, obtained by him over the lands of the defendant, under the statute regulating highways. The encroachment consisted in (he building of worm or Virginia rail fences, on each side of the road, so near to each other that in eleven places the width of the road was only 22 feet and xaT of an incii on an average, varying'from about 20 to 23 feet, instead of two rods. The justice rendered judgment for the plaintiff for six cents damages, and $1,81 costs. The defendant appealed to…
1Opinion of the Court
By the Court,
Marcy, J.
The evidence of the surveyor was objected to as inadmissible, but received by the court, and it is now contended, that if that decision was incorrect, the plaintiff wholly failed in shewing title to the premises, the foundation of his action failed, and any subsequent errors in favor of the defendant cannot avail him.
I think the record was sufficient evidence of the breadth of the road. It gave the distance through the defendant’s land, the course and the quantity of land taken. It is a result of calculation, that a passage way one rod wide on each side of the course…
2Cited by22 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Wibert v. New York & Erie Rail RoadNew York Supreme Court · 1854
- Billings v. VanderbeckNew York Supreme Court · 1857
- Willing v. BookerSupreme Court of Virginia · 1933
- Funk v. Evening Post Publishing Co.New York Supreme Court · 1894
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