Lord v. . Atkins
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made February 2, 1892, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
1Opinion of the CourtO’Brien, J.
The complaint charged the deiendants wifli a trespass upon the plaintiff’s lands by entering upon them without authority, with teams, and plowing the same and injuring the plaintiff’s crops. The defendants justified their acts by alleging that the locus in quo was a public highway. The place had never been worked as a public highway before, but all the acts done or performed by the defendants upon the land in question were, confessedly, such as they could rightfully- do upon the assumption that the locus in quo was in fact a public street or highway. The plaintiff claimed to own the land in…
2Cases cited2 opinions
- Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
3Cited by64 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Gerbig v. ZumpanoNew York Court of Appeals · 1960
- Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
- Ute Park Summer Homes Ass'n v. Maxwell Land Grant Co.New Mexico Supreme Court · 1967
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