Galatian v. Gardner
New York Supreme Court
THIS was an action of trespass quare clausum fregit. . r d The locus in quo was a piece or land in the village of Netvburgh, adjoining the bank of the Hudson river, bounded on the north by a store and dock, west by Water-street, south by First-street, and east by the river. plea was the general issue, and the defendant gave x ° notice, that he would give in evidence at the trial, that , the locus tn quo was a common highway, and that the plaintiff obstructed it, and the…
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THIS was an action of trespass quare clausum fregit. . r d The locus in quo was a piece or land in the village of Netvburgh, adjoining the bank of the Hudson river, bounded on the north by a store and dock, west by Water-street, south by First-street, and east by the river. plea was the general issue, and the defendant gave x ° notice, that he would give in evidence at the trial, that , the locus tn quo was a common highway, and that the plaintiff obstructed it, and the defendant peaceably removed the obstruction*See.; that from time immemorial, t^e defendant, and others under whom he claims…
1Per curiam
The simple point of fact in this case is, whether the locus in quo was not a “ road used as a *108public highway for twenty years or more next preceding" the 21st of March, 1797.” If this fact be in favour of die defendant, it amounts to a justification of the tres» pass; for the statute (Laws of N. Y. vol. 1. p. 595.) declares, that every such road shall be taken and deemed a public highway,- although no record thereof has been made. The evidence in this case greatly preponderates in favour of the usage. The defendant produced seven witnesses, all of whom had known the road for above twenty…
2Cited by10 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- Lobach's CaseSupreme Court of Pennsylvania · 1837
- Hanson v. TaylorWisconsin Supreme Court · 1869
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