Clements v. Village of West Troy
New York Supreme Court
Motion to dissolve injunction. The complaint stated that the plaintiff was the owner of, and had in possession a lot in the village of West Tr.oy, extending from Rochester-street westerly to the east bounds óf a piece of land which had been laid out on the map or plan of the village, made by the original proprietors, as an alley; that the plaintiff had erected a mansion house on the front of the lot, and in the rear a valuable barn and other outhouses; that the defendants,…
Read the full summary
Motion to dissolve injunction. The complaint stated that the plaintiff was the owner of, and had in possession a lot in the village of West Tr.oy, extending from Rochester-street westerly to the east bounds óf a piece of land which had been laid out on the map or plan of the village, made by the original proprietors, as an alley; that the plaintiff had erected a mansion house on the front of the lot, and in the rear a valuable barn and other outhouses; that the defendants, alleging that the barn and outhouses were an encroachment upon the alley, were proceeding to tear them down. It was…
1Opinion of the CourtHarris, J.
The defendants are, by their charter, declared to be commissioners of highways, and as such are charged with ¡the duty of “ regulating streets, roads, lanes and alleys already •laid out, or which should thereafter be laid out, within their vil*253Iage.” (Sess. Laws of 1850, p. 444, § 48.) The duty of regulating streets, &c. involves the right to remove obstructions. If, therefore, the alley in question is a public highway or street, the defendants were authorized to do what they have done for the purpose of removing obstructions.
The question therefore is, whether the alley is in fact a public…
2Cases cited1 opinion
- Willoughby v. JenksNew York Supreme Court · 1838
3Cited by15 opinions
- Horton v. WilliamsMichigan Supreme Court · 1894
- People v. JonesMichigan Supreme Court · 1858
- Pierpoint v. Town of HarrisvilleWest Virginia Supreme Court · 1876
- Fisher v. BeardSupreme Court of Iowa · 1871
- Stone v. BrooksCalifornia Supreme Court · 1868
10 more not listed; retrieve them via the Exa API.