Walker v. . Caywood
New York Court of Appeals
Appeal from an order of the Supreme Court reversing a judgment for the defendants, rendered on a verdict, and granting a new trial, the defendants giving with their notice of appeal the stipulation for judgment absolute in ease they should be unsuccessful, according to the statute.
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Appeal from an order of the Supreme Court reversing a judgment for the defendants, rendered on a verdict, and granting a new trial, the defendants giving with their notice of appeal the stipulation for judgment absolute in ease they should be unsuccessful, according to the statute. The action was in the nature of trespass quaere claetisum fr'egit, for taking down the street fence of the plaintiff’s lot, in front of his house in the village of Weedsport, Cayuga county, and removing certain trees within his inclosure. The defendants justified as trustees of that village, under an order of the…
1Opinion of the Court
Denio, Ch. J.
The first question which arises in this case is whether the change of the highway into a plank road has taken away from the local magistrates the authority which they would otherwise have had to cause encroachments upon it to be removed. I assume that the Auburn and Cato Plank Boad Company was a corporation created under the general act to provide for the incorporation of plank road and turnpike companies. (Laws 1847, ch. 210.) One of the provisions of that act is that a plank road company may take and use any part of a public highway, for its pm-poses of a plank road, upon…
2Cases cited3 opinions
- Dascomb v. Buffalo & State Line Rail RoadNew York Supreme Court · 1858
- Benedict v. GoitNew York Supreme Court · 1848
- Estes v. KelseyNew York Supreme Court · 1832
3Cited by52 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- St. Vincent Female Orphan Asylum v. City of TroyNew York Court of Appeals · 1879
- People v. SutherlandNew York Court of Appeals · 1929
- Schillawski v. State of New YorkNew York Court of Appeals · 1961
- Huddleston v. City of EugeneOregon Supreme Court · 1899
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