Dinkel & Jewell Co. v. Village of Tarrytown
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Village of Tarrytown, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 26th day of July, 1916, upon the decision of the court after a trial at the Rockland Special Term. Judgment affirmed, with costs, on the opinion of Mr. Justice Tompkins at Trial Term.
1Opinion of the Court
Jenks, P. J., Thomas, Stapleton, Rich and Blackmar, JJ., concurred.
The following is the opinion delivered at Trial Term:
Tompkins, J.:
I think the proofs establish the fact that Wildey street was originally laid out, opened, worked and used to the Hudson river, but that part of it in question in this suit, namely, the part west of the present gates, ceased to be a part of the public highway several years prior to commencement of this action. The statute provides that “ Every highway that shall not *743have been traveled or used as a highway for six years, shall cease to be a highway,” and “every…
2Cases cited2 opinions
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Meyer v. Village of South NyackAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by1 opinion
- Trainer v. LewisAppellate Division of the Supreme Court of the State of New York · 1935