Legal Opinion

Kerr v. Hammer

New York Supreme Court

Decided July 11, 1891PublishedCited by 3 opinions

Appeal from St. Lawrence county court. Action by Alexander H. Kerr, as commissioner of highways of the town of Edwards, against Mary Hammer for encroachment on a highway. Eroin a judgment of the county court affirming a judgment of a justice of the peace, by which the fence of defendant was adjudged an encroachment on the highway, defendant appeals.

1Opinion of the CourtLandon, J.

A highway upon the site of the present one, or within a rod or two, appears to have existed for a longer time than any of the witnesses had knowledge. One witness, 75 years old, had lived within three-fourths of a mile of it lor 65 years. In June, 1859, the commissioners of highways of the town of Edwards, presumably in pursuance of section 1, tit. 1, c. 16, of *606the first part of the Revised Statutes, (2 Rev. St. marg. p. 501, 8th Ed. p. 1347,) caused a survey thereof to be made and entered of record in the town-■clerk’s office. The section says that it shall be the duty of the commissioners…

2Cases cited1 opinion

  1. Ivory v. . Town of DeerparkNew York Court of Appeals · 1889

3Cited by3 opinions

  1. Tilley v. Montelius Piano Co.Colorado Court of Appeals · 1900
  2. Kerr v. HammerNew York Supreme Court · 1891
  3. Tilley v. Montelius Piano Co.Colorado Court of Appeals · 1900

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