Ryan v. Preston
New York Supreme Court
Action to restrain the defendants, as sidepath commissioners, from constructing and maintaining a bicycle sidepath on a road known as the South County road or Main street, in Bay Shore, N. Y, upon and along the premises of plaintiff. The plaintiff owned the fee in the highway to its center, subject to the public use.
1Opinion of the Court
Smith, Wilmot M., J.
If a portion of the highway may be appropriated as a sidewalk for the exclusive use of pedestrians, there seems to be no reason why another portion of the highway may not be appropriated for the exclusive use of bicycles.
In the case of Palmer v. Larchmont Electric Company, 158 N. Y. 231, it was held that when land is taken for a country high*93way, leaving the fee in the abutting owner, it is impliedly dedicated to the uses which the public may in the future require. In that case it was decided that the erection of poles and electric lights in a highway, without compensation…
2Cases cited1 opinion
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
3Cited by3 opinions
- Mississippi Power Co. v. SellersMississippi Supreme Court · 1931
- Opinion of the Justices to the SenateMassachusetts Supreme Judicial Court · 1976
- Hilton v. CramerSouth Dakota Supreme Court · 1926