Trainer v. Lewis

Order of certiorari dismissed, with fifty dollars costs and disbursements. The review sought here is of the determination made by the respondent as superintendent of highways of the town of Huntington, pursuant to the provisions of section 234 of the Highway Law, that a portion of Huntington avenue, situated in the hamlet of Cold Spring Harbor, has been abandoned. While it is true that the burden of proof of abandonment of a highway is upon him who asserts it (Beckwith v. Whalen, 65 N. Y. 322; Matter of Scheibel v. O’Brien, 230 id. 277, 281), the certificate in question here does not…