People ex. rel. Crandall v. Board of Supervisors

By the court, Davis, J.

The peremptory mandamus was denied by the special term, on the ground that “thereferees had no jurisdiction to lay out the road in question, over the route adopted by them,” because no notice was given to the Erie Railway Company, of the time and place of meeting to decide upon the application, before the determination to lay out the highway was made. The statute provides that before the commissioners shall determine to lay out the highway, they shall cause notice, in writing, to be given to the occupant of the land through which the road is to run, of the time and…