Amsbey v. Hinds
New York Supreme Court
THIS was an action of trespass "brought against the defendants for breaking down and removing a fence across a road or way, passing through the plaintiff’s farm, and traveling thereon. ■ The action was tried at the Broome circuit, in September, 1865, before Justice Mason and a jury, and a verdict was bad for the defendants. A motion was made for a new trial, on the judge’s minutes, and was denied.
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THIS was an action of trespass "brought against the defendants for breaking down and removing a fence across a road or way, passing through the plaintiff’s farm, and traveling thereon. ■ The action was tried at the Broome circuit, in September, 1865, before Justice Mason and a jury, and a verdict was bad for the defendants. A motion was made for a new trial, on the judge’s minutes, and was denied. The case and exceptions are brought up on appeal from the judgment entered upon the verdict. The facts are stated in the opinion.
1Opinion of the CourtBoardman, J.
The main question in this case relates
to the construction of the statute of 1861, chapter 311.(a) The judge, upon the trial, held that it did not apply; the *624appellant insists it does. If it applies, the plaintiff was entitled to recover; otherwise he was not.
The road in question was undoubtedly a public highway by user, up to 1844, It was then shut up for a period of over six years, and again opened, and has since been used by the public. The Revised Statutes establish no rule or law for the discontinuance by non-user of a highway once established. The only means by which such discontinuance…
2Cases cited1 opinion
- Corning v. GouldNew York Supreme Court · 1837
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