Estes v. Kelsey
New York Supreme Court
Error from the Jefferson common pleas. Kelsey sued Estes in a justice’s court in trespass, for throwing down and removing 25 rods of fence.
Read the full summary
Error from the Jefferson common pleas. Kelsey sued Estes in a justice’s court in trespass, for throwing down and removing 25 rods of fence. The defendant, under a notice subjoined to his plea, justified the act as the agent of Vincent Le Ray de Chaumont, stating that the fence .was removed from off a portion of a turnpike road, constructed by James Le Ray de Chaumont by virtue of an act of the legislature, of which portion of the road Vincent Le Ray was the lessee of James Le Ray. The cause was tried, and the defendant had a verdict. The plaintiff appealed to the Jefferson common pleas, and…
1Opinion of the Court
By the Court, Savage, Ch. J.
This case seems to me to turn on two questions : 1. Whether the proprietor of a turnpike road may lawfully remove any encroachments upon the road; 2. Whether the commissioners’ map was properly excluded. The court below considered the road in question as a public road, but not a road or highway under the act to regulate highways ; in this, I think, they were right. The act to regulate highways has no application to turnpikes so far as remedy is provided for removing encroachments. The commissioners of highways have nothing to do with incorporated turnpikes ; such…
2Cited by6 opinions
- Walker v. . CaywoodNew York Court of Appeals · 1865
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Smith v. HelmerNew York Supreme Court · 1849
- People ex rel. Cooper v. FieldNew York Supreme Court · 1865
- Doe ex dem. Johnson v. LancasterSupreme Court of Georgia · 1848
1 more not listed; retrieve them via the Exa API.