People ex rel. Hawver v. Commissioners of Highways of Redhook
New York Supreme Court
The relators obtained an alternative mandamus, directing the defendants to open a certain road which had been laid out by their predecessors, or to show cause,
1Opinion of the Court
By the Court,
Sutherland, J.
Where, in the laying out of a road by commissioners, a single line is run, it must be intended to be the centre of the road, unless something appears on the record of the commissioners to show that such was not their intention ; and whereas in this case the quantity of land which the road will take from each proprietor overwhose land *311it passes is specified, the width of the road is ascertained by a simple calculation. The case of Herrick v. Stover 5 Wendell, 580, is in point, and shows that the survey was sufficiently specific, to enable the commissioners to locate…
2Cases cited1 opinion
- Herrick v. StoverNew York Supreme Court · 1830
3Cited by10 opinions
- County of Orange v. Metropolitan Transportation AuthorityNew York Supreme Court · 1971
- Satterly v. . WinneNew York Court of Appeals · 1886
- Freshour v. HihnCalifornia Supreme Court · 1893
- Tucker v. RankinNew York Supreme Court · 1853
- Beisheim v. PeopleNew York Supreme Court · 1942
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