Tucker v. Rankin
New York Supreme Court
This was an action for a trespass alleged to nave been committed by the defendant, in entering upon the plaintiff’s land in the town of Greece, Monroe county, and breaking down and removing his fences, and tearing up the soil, &c.
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This was an action for a trespass alleged to nave been committed by the defendant, in entering upon the plaintiff’s land in the town of Greece, Monroe county, and breaking down and removing his fences, and tearing up the soil, &c. The defendant, by his answer, denied the facts set forth in the complaint, and alleged that a road or public highway had been duly and lawfully laid out and established, before the time of any of the alleged tresspases set forth in the complaint, by the commissioners of highways of the said town of Greece, on or through the ground where the plaintiff alleged the…
1Opinion of the CourtT. R. Strong, J.
The consent of Bushnell, who was the owner of the land included in the highway in question, to the laying out of the highway, having been given, the commissioners o£ highways of the town had authority to lay out the same, without an application to them in writing or the agency of a jury of' freeholders. It is only when the consent of the owner of the land is not obtained, that such an application must be made and a jury called. (1 R. S. 501, 502, § 1, § 2, 513, 514. Noyes v. Chapin, 6 Wend. 461.) A verbal consent of the owner was sufficient. (Baker v. Braman, 6 Hill, 47, and case last cited.)…
2Cases cited9 opinions
- Downing v. RugarNew York Supreme Court · 1839
- Lawton v. Commissioners of Highways ex rel. Town of CambridgeNew York Supreme Court · 1804
- Miller v. GarlockNew York Supreme Court · 1850
- Wetmore v. TracyNew York Supreme Court · 1835
- Fitch v. Commissioners of HighwaysNew York Supreme Court · 1839
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3Cited by8 opinions
- Keystone Bridge Co. v. SummersWest Virginia Supreme Court · 1878
- Pine Bluff Water & Light Co. v. City of Pine BluffSupreme Court of Arkansas · 1896
- People Ex Rel. Ottman v. HyndsNew York Court of Appeals · 1864
- People ex rel. Ottman v. Commissioners of Highways of SewardNew York Supreme Court · 1858
- Stewart v. WallisNew York Supreme Court · 1858
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