Northrop v. Burrows
New York Supreme Court
Appeal from a judgment of a county court. This action was brought in a justice’s court to recover the value of a quantity of wood which belonged to the plaintiff, and was left by him within the bounds of the Deposit and Cannonsville Plank-road, in the town of Tompkins, in the county of Delaware. The defendant removed the wood out of the road, down a bank, and some of it fell into the Delaware river.
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Appeal from a judgment of a county court. This action was brought in a justice’s court to recover the value of a quantity of wood which belonged to the plaintiff, and was left by him within the bounds of the Deposit and Cannonsville Plank-road, in the town of Tompkins, in the county of Delaware. The defendant removed the wood out of the road, down a bank, and some of it fell into the Delaware river. He was a director of the plank-road company, and it was his duty, so far as the company was concerned, to remove obstructions from the road; and he was overseer of highways in the district where…
1Opinion of the Court
By the Court.*—Balcom, J.
—On the supposition that the plaintiff left the wood in the road by reason of the breaking down of his wagon, on which he was drawing it, he should have removed it without unnecessary delay; and as no witness pretended it did not obstruct the road to some extent, it became a nuisance, if it lay there an unreasonable time. (See 9 Wend., 584; Rex a. Jones, 3 Campb., 230.) A man'may throw wood into a highway for the purpose of having it carried to his house, but unless he remove it with promptness, he may be indicted for a nuisance. (See 1 Sergt. & R., 220; 1 Den., 524.)…
2Cases cited3 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Rogers v. RogersNew York Supreme Court · 1835
3Cited by1 opinion
- Lawton v. OlmsteadAppellate Division of the Supreme Court of the State of New York · 1899