Amsbry v. . Hinds
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, affirming a judgment for defendants entered upon a verdict. The case is reported helow, 46 Barbour, 622. The facts are stated in the opinion.
1Opinion of the Court
Lott, Ch. C.
This is an action of trespass on land of the
plaintiff, and the material question litigated on the trial was, whether the locus in quo was a highway. It appears to have been conceded that it had never been laid out under any general law or special statute, but it was claimed that it had become such by twenty years user. There was conflicting evidence on that subject, and the jury, under instructions from the court in relation to it, not excepted to by either party, found a verdict for the defendants, and the only question before this court arises on the refusal of the presiding…
2Cases cited2 opinions
- People Ex Rel. Peake v. Board of SupervisorsNew York Court of Appeals · 1870
- Bull v. KetchumNew York Supreme Court · 1846
3Cited by13 opinions
- May v. Hamburg-Amerikanische Packetfahrt AktiengesellschaftSupreme Court of the United States · 1933
- The People v. . Bank of North AmericaNew York Court of Appeals · 1879
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
- Woodruff v. PaddockNew York Supreme Court · 1890
- People ex rel. Minard v. DonovanAppellate Division of the Supreme Court of the State of New York · 1930
8 more not listed; retrieve them via the Exa API.