Legal Opinion

Dean v. Carroll

New York Supreme Court

Decided July 15, 1913Published

Action by Mary Dean against William E. Carroll and another. Judgment .for plaintiff.

1Opinion of the CourtPooley, J.

This is an action to abate a nuisance, to compel defendants to restore a highway, and for damages.

Plaintiff for many years has been, and now is, the owner in fee of a farm of about 41 acres,' fronting upon the Sulphur Spring Road, otherwise known as the Fogelsonger Road, in the town of Amherst, Erie county, N. Y., and distant northerly about one-half mile from the main road leading from Buffalo to Williamsville, and beyond. On this farm is located a gristmill patronized by farmers in the vicinity.

The defendants for several years have been the owners in fee of the premises fronting on this…

2Cases cited6 opinions

  1. Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
  2. Tinker v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1898
  3. Lewis v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1890
  4. Town of Clarendon v. Medina Quarry Co.Appellate Division of the Supreme Court of the State of New York · 1905
  5. Sweet v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1906

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