Barrett v. Town of Walworth
New York Supreme Court
Motion for new trial on exceptions. Action by Frank Barrett against the town of Walworth. There was a judgment of nonsuit, and plaintiff’s motion for a new trial, on case and exceptions, was directed to be heard in the first instance at the general term.
1Opinion of the CourtLewis, J.
There was laid out and opened in the town of Walworth, Wayne county, 30 years or more ago, a highway three rods in width. In opening it there was found in the line of the highway, and very near the center thereof, a large natural boulder. The portion thereof extending above the surface of the ground was 9 feet 4 inches from east to west; 12 feet north and south; 13 feet northwest and southeast. The west side was 2 feet 9 inches above the ground; the south side 3 feet 7 inches above; and the east side 3 feet 1I§ inches above the ground. The highway ran in a northerly and southerly direction.…
2Cases cited8 opinions
- Urquhart v. . City of OgdensburgNew York Court of Appeals · 1883
- Gould v. City of TopekaSupreme Court of Kansas · 1884
- Foshay v. Town of Glen HavenWisconsin Supreme Court · 1870
- Dimock v. Town of SuffieldSupreme Court of Connecticut · 1861
- Ayer v. City of NorwichSupreme Court of Connecticut · 1872
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3Cited by1 opinion
- Elam v. City of Mt. SterlingCourt of Appeals of Kentucky · 1909