Legal Opinion

People ex rel. Waters v. Diver

New York Supreme Court

Decided November 15, 1879Published

Appeal from an order made at Special Term, affirming on certiorari the proceedings before and decision of the referees, reversing the determination of the commissioners of highways, and directing a highway to be laid out in the town of Hoosick. The appeal was taken from a decision of the commissioners-refusing to lay out the highway.

1Opinion of the Court

Bockes, J. :

We are of, the opinion that the decision and order of the referees are erroneous, not to say, absolutely void, because of uncertainty in the description of the highway directed to be laid out. The description in the order made by the referees is as follows : “ Beginning at the highway leading from North Hoosick to Hoosick Falls, at a point near the old Chase garden, and nearly opposite the tenement-house owned by S. S. Stevens, running in a westerly direction to the Troy and Bennington railroad, and crossing the same, runs parallel to and with said railroad to Hoosick Junction.”…

2Cases cited4 opinions

  1. People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
  2. Commissioners of Highways of Warwick v. Judges of Orange CountyNew York Supreme Court · 1835
  3. Jackson ex dem. Van Slyck v. SonNew York Supreme Court · 1804
  4. People ex rel. McFarland v. Commissioners of HighwaysNew York Supreme Court · 1823

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