Legal Opinion

The City of New Rochelle v. . New Rochelle Coal Lumber

New York Court of Appeals

Decided November 26, 1918PublishedCited by 4 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 16, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 16, 1916, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The judgment in effect ejected the defendant from the possession of a piece of land in the city of New Rochelle, which piece, of land would be within the lines of Echo avenue, in such city, if continued southerly from Cedar road through the appellant’s property, upon the theory and allegation that such piece of land was and is a public highway, and that the…

1Per curiam

Plaintiff failed to offer sufficient evidence to sustain a finding that the locus in quo was an existing highway. The evidence conclusively establishes that for more than six years prior to the commencement of the action the strip of land in suit had been closed to travel-for its entire width. The obstructed section had, therefore, ceased to be a highway. (Highway Law, § 234; Barnes v. Midland R. R. Terminal Co., 218 N. Y. 91, 98.)

The judgment should be reversed and a new trial granted, with costs to abide the event.

His cock, Ch.- J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ.,…

2Cases cited1 opinion

  1. Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916

3Cited by4 opinions

  1. Town of Leray v. New York Central RailroadNew York Court of Appeals · 1919
  2. In re SchuylerNew York Supreme Court · 1930
  3. Kyser ex rel. Bohley v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1925
  4. Hallenbeck v. StateNew York Court of Claims · 1969

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