Clark v. Phelps
New York Supreme Court
Trespass quare clausum fregit, tried July 16th, 1823 at t^ie Tompkins Circuit, before Nelson, C. Judge. The plaintiff proved that the defendants, in November, 1821, opened a road through his land, and, in doing so, pulled down a corn crib which the plaintiff had used as such for several years; and ploughed and scraped 12 or ^ r°ds through the plaintiff’s mill yards ; and erected a bridge across Salmon creek, so as to injure the plaintiff’s water privileges for mills ;…
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Trespass quare clausum fregit, tried July 16th, 1823 at t^ie Tompkins Circuit, before Nelson, C. Judge. The plaintiff proved that the defendants, in November, 1821, opened a road through his land, and, in doing so, pulled down a corn crib which the plaintiff had used as such for several years; and ploughed and scraped 12 or ^ r°ds through the plaintiff’s mill yards ; and erected a bridge across Salmon creek, so as to injure the plaintiff’s water privileges for mills ; ploughed and scraped close to the rear of the plaintiff’s dwelling house, and cut up his . . door yard with wagons and teams…
1Opinion of the Court
J. Platt,
moved to set aside the verdict, and for a new trial. He insisted, 1. That the commissioners had no power, under the act to regulate highways, (2 R. L. 270,) to-destroy the plaintiff’s mill site, or lay out a road through a-building-Of any "kind. This act creates their office, and defines their power. The language of .the first section is general. By this, their authority as to the nature of the ground is unlimited in terms, but.it refers to the limitation in the 16th section, which confines their .power to improved or cúltivatedlaxiá.; or, as they are called, in another part of the…
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- Wales v. StetsonMassachusetts Supreme Judicial Court · 1806
- People v. ChampionNew York Supreme Court · 1819
- Commissioners of Highways v. ClawNew York Supreme Court · 1818
- Beach v. FurmanNew York Supreme Court · 1812
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- Ramapo Manufacturing Co. v. MapesNew York Court of Appeals · 1915
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- People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
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