Hickok v. Trustees of Plattsburgh
New York Supreme Court
ACTION by the plaintiff to recover for injuries received in traveling through Church alley in the village of Plattsburgh, which was out of repair. The defense was that Church alley was not one of the streets or alleys of the village. The facts sufficiently appear in the opinion.
1Opinion of the Court
By the Court, Potter, J.
The amendment of the act incorporating the village of Plattsburgh, passed April 12, 1848, (Laws of 1848, ch. 291,) provides that “ all streets, roads and alleys within the said village which have been toorked and improved by the trustees of the village or the commissioners of highways of the town of Plattsburgh, and are noto used as such, shall be deemed public highways.” This was a special legislative enactment that all the streets, roads and alleys in that village should be thenceforth public *131highways, if brought by this act within certain conditions. It is therefore…
2Cases cited4 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Pearsall v. PostNew York Supreme Court · 1838
- Wiggins v. TallmadgeNew York Supreme Court · 1851
- People ex rel. Commissioners of Highways of Cortlandville v. Judges of Cortland CountyNew York Supreme Court · 1840
3Cited by2 opinions
- Bakery Salvage Corp. v. City of LackawannaNew York Supreme Court · 1965
- Strong v. MakeeverIndiana Supreme Court · 1885