Townsend v. Bishop
Appellate Division of the Supreme Court of the State of New York
Motion by the defendant, George Bishop, Jr., for - a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff for six dollars damages, rendered by direction of the court. This action was commenced November 1, 1895, to recover damages for trespass alleged to have been committed upon premises owned by the plaintiff in tearing down and removing fence posts.
Read the full summary
Motion by the defendant, George Bishop, Jr., for - a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the verdict of a jury in favor of the plaintiff for six dollars damages, rendered by direction of the court. This action was commenced November 1, 1895, to recover damages for trespass alleged to have been committed upon premises owned by the plaintiff in tearing down and removing fence posts. The defendant justified his conduct on the ground that the locus in. quo was a public highway in the town of Lodi, of which he was-,…
1Opinion of the Court
Spring, J.:
The single controverted question in this case was whether the premises over which the contention arose was a public highway, and much proof was presented bearing upon that subject. We think its determination essentially rested with the jury and the error of the trial judge in directing a verdict requires this court to sustain the defendant’s exceptions to the refusal to submit the case to the j™y-
The records of the town of Ovid give the.descriptions of a highway of which the territory in dispute forms a part, bearing date May 7, 1800, and purporting to be signed by the…
2Cases cited6 opinions
- Amsbry v. . HindsNew York Court of Appeals · 1871
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1896
- Amsbey v. HindsNew York Supreme Court · 1866
- Christy v. NewtonNew York Supreme Court · 1871
- City of Buffalo v. HoffeldSuperior Court of Buffalo · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People ex rel. De Groat v. MarlettNew York Supreme Court · 1903
- In re SchuylerNew York Supreme Court · 1930
- Hallenbeck v. StateNew York Court of Claims · 1969