Town of West Union v. Richey
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, Mortimer Richey, from a judgment of the County Court; of' Steuben county in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 10th day of July, 1900, affirming a judgment rendered by a justice of the peace.
1Opinion of the Court
Spring, J.:
This action was commenced in the Justice’s Court of the town of-West" Union, county of Steuben, September 26,1895, to recover a penalty of the defendant for his neglect in not removing a fence which it is alleged encroached upon a highway of the said town. The action was brought pursuant to section 105, chapter 568 of the Laws of 1890, and which act is known as the Highway Law of the State. The section referred to permits a recovery of twenty-five dollars as a penalty for the neglect or refusal to remove an encroach-, ment in a highway after a prescribed notice has been served. .…
2Cases cited8 opinions
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
- James v. . SammisNew York Court of Appeals · 1892
- Dunster v. . KellyNew York Court of Appeals · 1888
- Little v. . DennNew York Court of Appeals · 1866
- Christy v. NewtonNew York Supreme Court · 1871
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