Hathaway v. Jenks
New York Supreme Court
Appeal from circuit court, Otsego county. Action by Wallace S. Hathaway and another against Jere L. Jenks. From a judgment entered on a verdict for defendant, and from an order denying their motion for a new trial, plaintiffs appeal. The action is in trespass. It was commenced in justice’s court, and came into this court on a plea of title.
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Appeal from circuit court, Otsego county. Action by Wallace S. Hathaway and another against Jere L. Jenks. From a judgment entered on a verdict for defendant, and from an order denying their motion for a new trial, plaintiffs appeal. The action is in trespass. It was commenced in justice’s court, and came into this court on a plea of title. The plaintiffs, in them complaint, allege. that they are the owners and in possession of a farm situate in the town of Otego, and bounded on the easterly side by a highway known as the “West Branch of the Otsdawa,” and that upon their line on that side…
1Opinion of the CourtMerwin, J.
The highway in question was laid out in 1837, and the main question litigated at the trial was whether the fence of the plaintiffs was within its bounds. The court charged the jury that if any part of the fence that was removed was not within the boundaries of the highway as laid out the plaintiffs could recover. The verdict of the jury in favor of the defendant was, therefore, in effect a finding that ah of the fence was within the boundaries, and was an encroachment upon the highway. The evidence is sufficient to support the verdict. But the plaintiffs claim that, although the fence was an…
2Cases cited8 opinions
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Cook v. . HarrisNew York Court of Appeals · 1875
- Wetmore v. TracyNew York Supreme Court · 1835
- Harrower v. RitsonNew York Supreme Court · 1861
- Griffith v. McCullumNew York Supreme Court · 1866
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3Cited by2 opinions
- Kline v. HibbardNew York Supreme Court · 1894
- O'Dell v. HatfieldNew York Supreme Court · 1903