Cole v. Van Keuren
New York Supreme Court
APPEAL by defendant from a judgment in favor of plaintiff entered upon the verdict of a jury and from an order denying a new trial. The action was brought by Martin Cole against Matthew Van Keuren, to recover damages for an alleged trespass on plaintiff’s land. The defendant owned a farm, between which and a road, plaintiff’s lands were situate.
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APPEAL by defendant from a judgment in favor of plaintiff entered upon the verdict of a jury and from an order denying a new trial. The action was brought by Martin Cole against Matthew Van Keuren, to recover damages for an alleged trespass on plaintiff’s land. The defendant owned a farm, between which and a road, plaintiff’s lands were situate. From defendant’s house across plaintiff’s lands to such road ran a lane, which had been used for many years, by defendant and his ancestors, and those going to defendant’s house; and at times by another person who owned lands adjoining defendant’s…
1Opinion of the CourtLearned, P. J.
This is ‘an action to recover for alleged damages in entering upon the plaintiff’s land, removing the soil and cutting the trees. The defense is that the locus in quo was a public highway, and that the acts were done by authority of the commissioner. The real question in dispute is, whether the road, where the acts were done, was public or private. The jury found that the road was private, and assessed the plaintiff’s damages at $25. The defendant appeals. A part of the alleged wrongful acts consisted in going inside of the plaintiff’s new fence (which is said to be outside of the place of…
2Cases cited2 opinions
- Talmage v. . HunttingNew York Court of Appeals · 1864
- Talmage v. HuntingNew York Supreme Court · 1863