Cook v. . Harris
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term denying a motion for a new trial. The action was to recover damages for entering upon plaintiff'’s premises and removing therefrom a building.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term denying a motion for a new trial. The action was to recover damages for entering upon plaintiff'’s premises and removing therefrom a building. The defendants justified as commissioners of highways of the town of Ellicott, Chautauqua county, claiming that the locus in quo was a public highway, and that the building was an obstruction of public travel. The facts, so far as important to the questions involved upon the appeal, are as follows : Prior to 1853, one…
1Opinion of the Court
Earl, C.
Upon the trial of this action the defendant claimed that the place from which they removed the building was a public highway by dedication, and also because it was laid out as such by the commissioners of highways in 1853.
Hpon the question whether the road was laid out by the highway commissioners, there was conflicting evidence, and the judge submitted that question to the jury, and they may have found that the road was laid out, and we must assume that they did so find in their answer to the first question submitted to them. But their finding may have.been based iqion the theory of…
2Cases cited3 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Denning v. RoomeNew York Supreme Court · 1831
- McMannis v. ButlerNew York Supreme Court · 1868
3Cited by45 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Buntin v. City of DanvilleSupreme Court of Virginia · 1896
- People v. ReedCalifornia Supreme Court · 1889
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- Steele v. SullivanSupreme Court of Alabama · 1881
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