Matter of Hunter
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 16, 1900, reversing an order of Special Term denying an application to vacate a local assessment and granting such application.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 16, 1900, reversing an order of Special Term denying an application to vacate a local assessment and granting such application. During the year 1898 the city of Albany constructed a sewer and assessed a portion of the expense upon premises owned by Margaret A. Hunter, who instituted this proceeding to set the assessment aside upon the ground that one of the streets, so called, through which the sewer passed, was not a public highway but her private property. Both parties…
1Opinion of the CourtYann, J.
The undisputed evidence shows a clear intention on the part of Hunter and his successor in title to dedicate the land in question to the use of the public as a highway. He did not simply suffer it to lie open, unfenced and undefined, but by unequivocal acts he made a tender of dedication of land, fenced as a street, laid down upon his own map as a street, and in constant use by the general public as a street. After he prepared the second map, and on the 10th of June, 1890, he conveyed abutting lots, bounding them on one side “ by the west line of Eawson street,” thus designating the open way…
2Cases cited2 opinions
- Cook v. . HarrisNew York Court of Appeals · 1875
- Flack v. Village of Green IslandNew York Court of Appeals · 1890
3Cited by26 opinions
- Burroughs v. City of CherokeeSupreme Court of Iowa · 1906
- Gewirtz v. City of Long BeachNew York Supreme Court · 1972
- Katz v. Town of West HartfordSupreme Court of Connecticut · 1983
- People v. SutherlandNew York Court of Appeals · 1929
- City of Buffalo v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1907
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