Legal Opinion

Diamond International Corp. v. Little Kildare, Inc.

New York Court of Appeals

Decided June 14, 1968PublishedCited by 1 opinion

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

  1. Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
  2. Pirman v. ConferNew York Court of Appeals · 1937
  3. People v. SutherlandNew York Court of Appeals · 1929

3Cited by1 opinion

  1. DIAMOND INT'L CORP. v. Little Kildare, Inc.New York Court of Appeals · 1968

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