Legal Opinion

People Ex Rel. Williams v. Kingman

New York Court of Appeals

Decided June 5, 1862PublishedCited by 27 opinions

Error to the Supreme Court to reviéw a judgment awarding a peremptory mandamus to the commissioners of highways of the town of Cincinnatus, in Cortland county, requiring them to assess the damages occasioned by .the laying out of a certain highway in that town, and to open the highway by removing the fences and marking the same.

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Error to the Supreme Court to reviéw a judgment awarding a peremptory mandamus to the commissioners of highways of the town of Cincinnatus, in Cortland county, requiring them to assess the damages occasioned by .the laying out of a certain highway in that town, and to open the highway by removing the fences and marking the same. The highway had been laid out by referees under the act of T847 (ch. 455), after a refusal by the commissioners to lay it out, and after an appeal from their decision, and a reversal of that decision by such referees. USTo question arose respecting the regularity of…

1Opinion of the Court

Dekio, J.'

This case depends mainly upon the application to the facts proved of the provision of the Revised Statutes which declares that no public road “ shall be laid out through any buildings, or any fixtures or erections for the purpose of trade or manufactures, or any yards or inclosures necessary to the use or enjoyment thereof, without the consent of the owner.” (1 R. S., p. 514, § 57.) It is claimed that the highway in controversy was laid through a yard appertaining to the saw-mill of Mr. Harrington, and that such yard was necessary to the enjoyment of the mill. The evidence does not…

2Cases cited3 opinions

  1. Holdane v. Trustees of Cold SpringNew York Supreme Court · 1856
  2. Clark v. PhelpsNew York Supreme Court · 1825
  3. Wiggins v. TallmadgeNew York Supreme Court · 1851

3Cited by27 opinions

  1. City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
  2. Adams v. HarringtonIndiana Supreme Court · 1887
  3. Bartlett v. City of BangorSupreme Judicial Court of Maine · 1878
  4. Greene v. O'ConnorSupreme Court of Rhode Island · 1892
  5. Inhabitants of Deerfield v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1887

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