The People v. . Loehfelm
New York Court of Appeals
Appeal from a judgment and older of the General Term of' the Superior Court of Buffalo, entered June 8, 1885, affirming a judgment of the Criminal Term of said court, Hon. CharlesBeckwith, presiding, rendered upon the verdict of a jury, February 3, 1885, convicting the defendant and appellant of the-crime of interfering with and obstructing a certain public street - and highway in the city of Buffalo, known as Beech street, by maintaining on June 1,1884, and continuing, a…
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Appeal from a judgment and older of the General Term of' the Superior Court of Buffalo, entered June 8, 1885, affirming a judgment of the Criminal Term of said court, Hon. CharlesBeckwith, presiding, rendered upon the verdict of a jury, February 3, 1885, convicting the defendant and appellant of the-crime of interfering with and obstructing a certain public street - and highway in the city of Buffalo, known as Beech street, by maintaining on June 1,1884, and continuing, a house and building thereon, contrary to the provisions of section 385 of the-Penal Code. An appeal was also taken from an…
1Opinion of the Court
Pee Curiam.
This conviction must be affirmed. The dedication of Beech street to the use of the public for its full width of sixty-six feet was proved by the map of the original owner and is not disputed. The debate has been over the acceptance by the public and the character of the proof necessary to establish that fact. The rule appears to be established that the acceptance may be proved by long public use or by the acts and conduct of the public authorities recognizing and adopting the highway. Cook v. Harris, 61 N. Y. 448; Holdane v. Trustees of Cold Spring, 21 N. Y. 474; McMannis v.…
2Cases cited4 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- People v. LambierNew York Supreme Court · 1847
- Cook v. . HarrisNew York Court of Appeals · 1875
- McMannis v. ButlerNew York Supreme Court · 1868
3Cited by12 opinions
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Riley v. BuchananCourt of Appeals of Kentucky · 1903
- Flynn v. . TaylorNew York Court of Appeals · 1891
- Flack v. Village of Green IslandNew York Court of Appeals · 1890
- People v. Brooklyn & Queens Transit Corp.New York Court of Appeals · 1937
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