Kerr v. Hammer
New York Supreme Court
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
- Ivory v. . Town of DeerparkNew York Court of Appeals · 1889
3Cited by3 opinions
- Tilley v. Montelius Piano Co.Colorado Court of Appeals · 1900
- Kerr v. HammerNew York Supreme Court · 1891
- Tilley v. Montelius Piano Co.Colorado Court of Appeals · 1900