Baier v. Schermerhorn

Cassoday, 0. J.

This action was originally commenced in justice’s court by Schermerhorn for the unlawful obstruction of the public highway described, by Baier, December 5,1894, whereby he was obliged to turn back with his team, to his damage. Baier answered by way of a general denial, and further specifically denied that the locus in quo ever was a public highway or any highway whatever, and alleged that at the time mentioned he was the owner and lawfully in possession of said lands and premises, and that at the time mentioned Schermerhorn was wrongfully and unlawfully trespassing upon his…