Harlow v. Humiston
New York Supreme Court
Ou error from the Washington C. P., where the cause ... . ... Was tried on appeal from a justice’s court. The action ivas case, by Humiston against Harlow, for a nuisance, in wrongfully placing logs and tree tops in the public highway, by means of which, the plaintiffs horse, being frightened, ran upon a tree top, and was killed.
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Ou error from the Washington C. P., where the cause ... . ... Was tried on appeal from a justice’s court. The action ivas case, by Humiston against Harlow, for a nuisance, in wrongfully placing logs and tree tops in the public highway, by means of which, the plaintiffs horse, being frightened, ran upon a tree top, and was killed. On the trial, it appeared that the tree top was laid by the servant of the defendant below, during the defendant’s sickness, and without his knowledge, in a place claimed by the plaintiff below to be in the public highway. It had, however, long been occupied by the…
1Opinion of the Court
Curia, per
Savage, Ch. Justice.
It is objected tliat the exception came too late, and that it is too general. We must presume it was taken in time; otherwise the court would not have allowed it. As to the generality of the exception, the ftbjection cannot prevail. Take it in connexion with the cnSjrge, and the points are sufficiently specific. v
The court certainly erredlln charging, that all the land not enclosed in fence, was a public highway, though it be ten rods wide. The public is entitled to the use of four rods only, at most; and a man may occupy his land without fencing it, if he…
2Cases cited1 opinion
- Wells v. HowellNew York Supreme Court · 1822
3Cited by12 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Button v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- People v. SutherlandNew York Court of Appeals · 1929
- Blackstock v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Jones v. CederquistNew York Supreme Court · 1956
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