Crain v. Fox
New York Supreme Court
This was an action brought to recover possession of a private highway, or road, running through the lands of the plaintiff; and was brought to trial at the Herkimer circuit, in May, 1852, before Justice Pratt, without a jury; a trial by jury having been waived.
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This was an action brought to recover possession of a private highway, or road, running through the lands of the plaintiff; and was brought to trial at the Herkimer circuit, in May, 1852, before Justice Pratt, without a jury; a trial by jury having been waived. After hearing the proofs and allegations of the parties, the justice found, as a matter of fact, that the premises described in the pleadings, were formerly a private way or road, for the benefit of the defendant, and those under whom he holds; that the same had become unnecessary and useless for that purpose; and that the said…
1Opinion of the Court
By the Court, Gridley, J.
This was an action to recover the possession of a piece of land that had been laid out as a private road, through the farm of the plaintiff, near fifty years ago. It is immaterial whether the road was legally laid out or not; as even if it was illegally laid out, it would form the basis on which an adverse use and a prescriptive right to the easement might be founded. It was used as such private way more than twenty years, by the defendant’s grantor, and thus became a private way. The plaintiff relied on an abandonment and obstruction of the easement, for a number of…
2Cases cited1 opinion
- Corning v. GouldNew York Supreme Court · 1837
3Cited by25 opinions
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Hennessy v. . MurdockNew York Court of Appeals · 1893
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Jones v. Van BochoveMichigan Supreme Court · 1894
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