In re Wagstaff
Appellate Division of the Supreme Court of the State of New York
Appeal bj Edwin Hawley from an order of the County Court of Suffolk county, entered in the office of the clerk of said county on the 3d day of June, 1908, confirming the decision and certificate of commissioners appointed to determine upon the necessity of a proposed public highway and assess the damages by reason of the opening thereof.
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Appeal bj Edwin Hawley from an order of the County Court of Suffolk county, entered in the office of the clerk of said county on the 3d day of June, 1908, confirming the decision and certificate of commissioners appointed to determine upon the necessity of a proposed public highway and assess the damages by reason of the opening thereof. In the written application to the commissioners of highways to lay out the proposed highway it is described as follows: “ Commencing at a point in the westerly side of a highway known as Higbie’s Lane, the middle line of said proposed highway being about…
1Opinion of the Court
Gaynor, J.:
The objection that the description of the proposed highway in the certificate of their decision by the commissioners appointed by the county court under section 84 of the Highway Law to determine upon the necessity for the proposed highway and assess the damages on the opening thereof is so indefinite as not to locate the starting point, and that they filed no map of such highway with their certificate, is unfounded. They are not required to file a map thereof; that requirement is put upon the commissioners of highways in making and filing their order laying out the highway, which…
2Cited by2 opinions
- In re Van Tassell, New York County Courts1967
- Towner v. SchoenthalAppellate Division of the Supreme Court of the State of New York · 1986