Doughty v. Brill
New York Supreme Court
THE defendant is the owner "of a farm in the town of Beekman, Dutchess county, bounded on a public highway in said town, and within the-last "two years had moved his fence out in said highway,"and taken and appropriated a large quantity -of the same to his own use. The appellants, as commissioners of highways of said town, took the legal steps and declared the said fence' an encroachment, and ordered the same to be removed. The defendant denied the encroachment.
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THE defendant is the owner "of a farm in the town of Beekman, Dutchess county, bounded on a public highway in said town, and within the-last "two years had moved his fence out in said highway,"and taken and appropriated a large quantity -of the same to his own use. The appellants, as commissioners of highways of said town, took the legal steps and declared the said fence' an encroachment, and ordered the same to be removed. The defendant denied the encroachment. " A jury was then called, who found the fence an encroachment, and made the proper order, which was filed. The highway has been used…
1Opinion of the Court
By the Court,
Bkowkt, J.
The plaintiffs brought their action to recover certain penalties, alleged to have been incurred under the highway act, for the negligent omission to remove an encroachment by fences erected upon a highway in the town of Beekman. The answer admitted most of the allegations in the complaint; especially the meeting of the commissioners and the order that the encroachments be removed, and the service of the notice to remove; but it denied that the notice, or the order, specified the breadth of the road originally intended. It also admitted the service of the *492notice denying…
2Cited by15 opinions
- Devenpeck v. LambertNew York Supreme Court · 1865
- Marvin v. PardeeNew York Supreme Court · 1872
- State v. SiegelWisconsin Supreme Court · 1882
- Christy v. NewtonNew York Supreme Court · 1871
- Doughty v. BrillNew York Court of Appeals · 1867
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