Collins v. Decker
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph A. Decker, from a judgment of the Supreme Court in' favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 17th day of January, 1906, upon the verdict of a. jury for $1,000, and also from an order entered in said clerk’s office on the' 13th day of.
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Appeal by the defendant, Joseph A. Decker, from a judgment of the Supreme Court in' favor of the plaintiff, entered in the office of the clerk of the county of Chenango on the 17th day of January, 1906, upon the verdict of a. jury for $1,000, and also from an order entered in said clerk’s office on the' 13th day of. February, IbOGy ■ denying the; defendant’s, motion for a new trial made upon the minutes. ■ • ■ •■ ' Main street in the village of Afton, Chenango county, is the principal business thoroughfare in said village. • Extending at right angles ftom Main street to a railroad station is…
1Opinion of the Court
Cochrane, J.:
“ The owner of land is not bound by. the common law to -fence, his land or in- any way to mark the boundaries of his possession. ■ (Wells v. Howell, 19 J. R. 385;* Stafford v. Ingersol, 3 Hill, 38.) *647He may leave it open and a person entering thereon without permission is a trespasser, and it is no excuse that the entry was made innocently and by mistake, and the rule is the .same in respect to a traveler on the highway who, without necessity, goes therefrom on to the adjoining land. The owner of land may also make an excavation on his own premises'and is hot bound to fence it for…
2Cases cited5 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- Wells v. HowellNew York Supreme Court · 1822
- Murphy v. PerlsteinAppellate Division of the Supreme Court of the State of New York · 1902
- Healy v. VorndranAppellate Division of the Supreme Court of the State of New York · 1901
- Thompson v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by8 opinions
- City of Knoxville v. BakerCourt of Appeals of Tennessee · 1940
- Louisville & Nashville Railroad v. EvinsCourt of Appeals of Tennessee · 1930
- Spellburg v. South Bay Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2008
- Schulz v. QuintanaUtah Supreme Court · 1978
- Reese v. Kenyon Co.Supreme Court of Iowa · 1924
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