Alpaugh v. Bennett
New York Supreme Court
Appeal from Wyoming county court. Action by Nicholas A. Alpaugh, as commissioner of highways of the town of Castile, against Susan M. Bennett, for.obstructing a highway in said town. A judgment for plaintiffs entered by the justice of the peace before whom the action was brought was affirmed by the county court, and defendant appeals.
1Opinion of the CourtCorlett, J.
Previous to 1821 the town of Castile, in the county of Wyoming, was a part of the town of Perry. There is a highway, never recorded, so far as appears, running nearly east and west in the town of Castile, which existed before the formation of the town. There is no record that it ever was laid out. In July, 1889, an application was made to summon 12 freeholders to determine whether an encroachment had been made upon the highway above referred to. Such proceedings were had that, on the 9th day of August of that year, 6 of the freeholders found an encroachment by one Hiram Owen, a former…
2Cases cited6 opinions
- Talmage v. . HunttingNew York Court of Appeals · 1864
- Chapman v. . GatesNew York Court of Appeals · 1873
- In Re Taking a Right & Easement in Certain Property for the Construction of a SewerNew York Court of Appeals · 1890
- Doughty v. BrillNew York Supreme Court · 1862
- Snyder v. . PlassNew York Court of Appeals · 1863
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3Cited by3 opinions
- People v. Misevis, New York County Courts1988
- Smith v. EssNew York Supreme Court · 1910
- Remington & Sherman Co. v. Niagara County National BankAppellate Division of the Supreme Court of the State of New York · 1900