Christy v. Newton
New York Supreme Court
APPEAL by the plaintiffs from a judgment entered upon the report of a referee. This action was brought by the plaintiffs, in their official capacity, to recover the penalty inflicted by statute, for a failure by the defendant to remove his fences, alleged to he encroachments upon a public highway.
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APPEAL by the plaintiffs from a judgment entered upon the report of a referee. This action was brought by the plaintiffs, in their official capacity, to recover the penalty inflicted by statute, for a failure by the defendant to remove his fences, alleged to he encroachments upon a public highway. The fences in question are located on or near the easterly line of a highway called the Allegany road, in the town of Hanover, Chautauqua county, on or near the westerly boundaries of lots Nos. 27 and 31, belonging to the defendant, and forming a part of what is known as the Cattaraugus Village…
1Opinion of the Court
By the Court, Johnson, J.
This action was brought to recover the penalties given by statute for neglecting to remove alleged encroachments on a highway, in obedience to the order of the plaintiffs as commissioners of highways. (1 R. S. 522, § 104.)
The referee has found, upon the evidence, that the highway in question was never a laid out highway according to the provisions of the statute. If this is so, this action cannot be maintained. Highway commissioners are not authorized to make any order for the removal of encroachments, except in the case of a highway laid out according to the statute.…
2Cases cited2 opinions
- Doughty v. BrillNew York Supreme Court · 1862
- People Ex Rel. Dann v. WilliamsNew York Court of Appeals · 1867
3Cited by5 opinions
- Horey v. . Village of HaverstrawNew York Court of Appeals · 1891
- State v. SiegelWisconsin Supreme Court · 1882
- Townsend v. BishopAppellate Division of the Supreme Court of the State of New York · 1901
- Beckwith v. WhalenNew York Supreme Court · 1872
- Town of West Union v. RicheyAppellate Division of the Supreme Court of the State of New York · 1901