Cooper v. Bean
New York Supreme Court
This action was brought by the commissioner of highways of the town of Baldwin, in Chemung county, against the defendant, before a justice of the peace, for obstructing a highway. The defendant, upon plea of title, ousted the justice of jurisdiction. The plaintiff then brought the action in the Supreme Court.
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This action was brought by the commissioner of highways of the town of Baldwin, in Chemung county, against the defendant, before a justice of the peace, for obstructing a highway. The defendant, upon plea of title, ousted the justice of jurisdiction. The plaintiff then brought the action in the Supreme Court. The defendant, in his answer, claimed to own the land in question, and he denied that “ a public highway was duly laid out in said town of Baldwin, as stated in said complaint, or that such highway was ever duly opened or worked.” The cause was referred to a referee to hear and…
1Opinion of the Court
By the Court
Miller, P. J.
The objections urged by the counsel for the defendant to the plaintiff’s right to maintain this action relate almost entirely to the question whether a highway actually existed at the time of the alleged encroachment by the defendant. It is said that there was no highway by dedication or use, nor was any lawfully laid out as required by the Revised Statutes.
The evidence as to use and dedication of a highway was certainly very slight. The proof shows that on the 5 th of June, 1869, the road was opened by the overseer by cutting down trees and brush and the removal of a…
2Cases cited5 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Paige v. FazackerlyNew York Supreme Court · 1862
- People ex rel. Ottman v. Commissioners of Highways of SewardNew York Supreme Court · 1858
- McDonald v. ChristieNew York Supreme Court · 1863
- People ex rel. Stephens v. TallmanNew York Supreme Court · 1862
3Cited by2 opinions
- Todd v. . NelsonNew York Court of Appeals · 1888
- First National Bank of New Berlin v. ChurchNew York Supreme Court · 1874