Hamilton v. Village of Owego
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The.Village of Owego, from a judg: ment of the Supreme Oourt in fayor of the plaintiff Joel A. Hamilton, entered in the office of the clerk of the county of Tioga on the 3d day of January, 1899, upon the report of a referee adjudging that the entry of the defendant upon the lands of the plaintiff Joel A. Hamilton, for the purpose Of constructing and maintaining a highway, was without right and unlawful, and enjoining the defendant, its attorneys,…
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Appeal by the defendant, The.Village of Owego, from a judg: ment of the Supreme Oourt in fayor of the plaintiff Joel A. Hamilton, entered in the office of the clerk of the county of Tioga on the 3d day of January, 1899, upon the report of a referee adjudging that the entry of the defendant upon the lands of the plaintiff Joel A. Hamilton, for the purpose Of constructing and maintaining a highway, was without right and unlawful, and enjoining the defendant, its attorneys, officers, agents and employees, from entering upon or doing any act for the purpose of laying out, repairing or maintaining…
1Opinion of the Court
Herrick, J.:
There is no claim upon the part of the appellant in this case that the strip of land in question was ever dedicated by the owners as a public highway, or accepted as such by the village authorities. The claim is, that it became a highway by prescription.
I do not think that the evidence establishes a highway by prescription, or that there was sufficient evidence to justify a finding by the referee to that effect.
The use by the public was not adverse to the title of the plaintiffs or their predecessors in title. ¡
The most that the evidence establishes in regard to the way in *313question…
2Cases cited2 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Speir v. Town of New UtrechtNew York Supreme Court · 1888
3Cited by4 opinions
- Ricketson v. Village of Saranac LakeNew York Supreme Court · 1911
- Fountaine v. Fuld & Hatch Knitting Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Village of Catskill v. De CiccoNew York Supreme Court · 1955
- Village of Wellsville v. HallockNew York Supreme Court · 1913