Diamond International Corp. v. Little Kildare, Inc.
New York Court of Appeals
1Opinion of the Court
Order reversed and the judgment of Supreme Court, St. Lawrence County, reinstated, with costs, in a memorandum: Mere usage by the public of Water Road as relocated is not sufficient to convert this private road into a public highway absent a showing that the road was kept in repair or taken in charge and adopted by public authorities for the statutory period (Pirman v. Confer, 273 N. Y. 357; People v. Sutherland, 252 N. Y. 86; Speir v. Town of New Utrecht, 121 N. Y. 420; Highway Law, § 189). The record does not show that there has been any exercise óf public dominion over the road in question.
2Cases cited3 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Pirman v. ConferNew York Court of Appeals · 1937
- People v. SutherlandNew York Court of Appeals · 1929
3Cited by1 opinion
- DIAMOND INT'L CORP. v. Little Kildare, Inc.New York Court of Appeals · 1968