Westlake v. . Koch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 10, 1890, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtLandon, J.
Ejectment for a strip of land forming part of the public highway. In 1856, Flagler owned a farm adjoining the west side of the public highway leading from ¡New-burgh to Marlborough. Weed owned the farm directly opposite and adjoining the east side of the same highway. Each owned to the center of the highway. The general course of the highway was straight, but there being a hill on the west, or Flagler’s side, the highway curved around the base of the hill and thus deviated from a straight line. Weed lived on the east, and desiring to enlarge his front yard and straighten and improve the…
2Cases cited2 opinions
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Foote v. PeopleNew York Court of Appeals · 1874
3Cited by3 opinions
- Hall v. HobartCourt of Appeals for the Eighth Circuit · 1911
- Chism v. SmithAppellate Division of the Supreme Court of the State of New York · 1910
- Blain v. StaabNew Mexico Supreme Court · 1901