Peckham v. Henderson
New York Supreme Court
MOTION for a new trial, upon a case and exceptions, ordered to be heard in the first instance at a general term. The action was trespass, for breaking and entering the plaintiff's close and removing his fence.
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MOTION for a new trial, upon a case and exceptions, ordered to be heard in the first instance at a general term. The action was trespass, for breaking and entering the plaintiff's close and removing his fence. The defendants were commissioners of highways of the town of Newfane, in Niagara county, and as such justified under the act of 1852, “to authorize a resurvey of a public highway leading from near the city of Eochester in the county of Monroe, to Lewiston in the county of Niagara, known as the Eidge Eoad." The facts, and the questions arising thereon, sufficiently appear in the opinion…
1Opinion of the Court
By the Court, Marvin, J.
In 1806 the legislature passed an act appointing commissioners to lay out a road through the county of Genesee, from near the falls on Genesee river, to Lewiston on the Niagara river. The commissioners were to explore and lay out the road at least six rods wide. And it was enacted “ that when the said road shall be laid out, it shall be the duty of the said commissioners to file a map and precise description thereof, with their names thereto subscribed, in the office of the clerk of the county of Genesee; and that it shall be lawful from thenceforth for the inhabitants…
2Cases cited1 opinion
- Wetmore v. TracyNew York Supreme Court · 1835
3Cited by11 opinions
- Harrower v. RitsonNew York Supreme Court · 1861
- Griffith v. McCullumNew York Supreme Court · 1866
- Marvin v. PardeeNew York Supreme Court · 1872
- Beisheim v. PeopleNew York Supreme Court · 1942
- In re State Reservation at NiagaraNew York Supreme Court · 1884
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