Harriman v. Howe
New York Supreme Court
Appeal from special term, Orange county. Action by Edward H. Harriman against Albert G. Howe, George W. Hunter, and Jacob P. Hance, as commissioners of highways for the town of Woodbury, Orange county, to procure an adjudication that a certain road was a private way, and to enjoin defendants from working or repairing it. The complaint was dismissed, and plaintiff appeals. Reversed.
1Opinion of the CourtDykman, J.
This is an appeal from a judgment dismissing the complaint of the plaintiff after a trial at the special term of this court. The action was brought to determine the character of the roadway described in the complaint, and to procure a judgment which should declare it to be a private, and not a public, way, and to perpetually restrain the defendants, as commissioners of highways, from working or repairing the road, or interfering with it in any manner as- a public highway. The complaint alleged that the way in question was, and continues to be, a private roadway, and has at all times been used…
2Cases cited3 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Lewis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
3Cited by3 opinions
- Pirman v. ConferNew York Court of Appeals · 1937
- People ex rel. Cunningham v. OsbornNew York Supreme Court · 1895
- Snow v. MurphyMichigan Supreme Court · 1929