In re the Application for Opening a New Highway in the Town of Whitestown
New York County Courts
This is a motion by Thomas Ilirley to vacate the decision of the commissioners appointed to determine the necessity of the proposed highway and to assess the damages of the laying out and opening of the same if such highway were deemed necessary. The decision was in favor of laying out said highway.
1Opinion of the CourtDunmore, J.
The motion to vacate the decision of the commissioners is based upon two grounds. It is claimed.
First. That the proof shows that there is no public necessity for the highway.
Second. That the damages awarded Kirley are inadequate and unjust.
As to the first ground of the motion it appears from the evidence that H. H. Williams owns a farm of 112 acres which would adjoin the proposed highway on the westerly, side near its northerly end. Immediately west of the Williams farm are the Hooper farm of 112 acres and the Tryon farm of seventy-five acres, all of which are occupied. ■ No highway touches…
2Cases cited15 opinions
- Gilmer v. ThrockmortonCalifornia Supreme Court · 1861
- Crouch v. . GutmannNew York Court of Appeals · 1892
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Sherman v. BuickCalifornia Supreme Court · 1867
- O'Reiley v. Kankakee Valley Draining Co.Indiana Supreme Court · 1869
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3Cited by5 opinions
- Pratt v. AllenNew York Supreme Court · 1982
- City of Utica v. Damiano, New York County Courts1959
- In re Burdick, New York County Courts1899
- Fam v. ShapiroNew York Court of Appeals · 1965
- In re Morse, New York County Courts1910