Chapman v. . Gates
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, in favor of plaintiffs, entered upon an order denying motion, on the part of defendant, for a new trial, and directing judgment upon a verdict.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the sixth judicial district, in favor of plaintiffs, entered upon an order denying motion, on the part of defendant, for a new trial, and directing judgment upon a verdict. This action was brought originally in Justice’s Court to recover of the defendant penalties to the amount of twenty-five dollars for obstructing a highway in the town of Big Flatts, in Chemung county, by the erection of fences upon and across the same. The defendant denied the allegations in the complaint and set up, also, as a defence, that the place where…
1Opinion of the Court
Lott, Ch. C.
There was no question made on the trial as to the commission of the acts complained of as obstructions to the road in question, and it was also shown that the defendant was then the owner of and in possession of the land on which they were committed; but the defendant denied that it was subject to a public highway. It was proved that it had been used as such for fifteen years, and that the defendant, as a .commissioner of highways, in connection with his co-commis.sioners, had expended two hundred dollars in a single year to protect it, and that he had also, “ as path-master,”…
2Cases cited7 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Smith v. HelmerNew York Supreme Court · 1849
- Delaney v. . BrettNew York Court of Appeals · 1872
- Low v. . HallNew York Court of Appeals · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- In the Matter of the Application of ChurchNew York Court of Appeals · 1883
- Connecticut River Railroad v. County CommissionersMassachusetts Supreme Judicial Court · 1879
- Martin v. TylerNorth Dakota Supreme Court · 1894
- Wakeman v. . WilburNew York Court of Appeals · 1895
17 more not listed; retrieve them via the Exa API.