Rozell v. . Andrews
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 22, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made December 22, 1883, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiffs, as commissioners of highways of the town of Eishkill, to compel the defendant to remove so much of a fence as she had built upon a strip of land claimed by plaintiffs as part of a highway, and to restrain the further erection of such fence, The court found that about eight years prior to the trial,…
1Opinion of the CourtDanforth, J.
We think there is nothing in the record to show that the strip of land in question was not left open for the pleasure or convenience of the owner rather than the accommodation of the public; but assuming the act of the owner to be equivocal and consistent with a dedication to the public, it is plain there has been no acceptance on its part, nor such actual user as might take its place. The plaintiffs do not aver acceptance, and the only one of them who testifies, states that he never heard of any dedication of the land. The act relied on as an act of dedication is the setting back by the…
2Cited by7 opinions
- Town of Fishkill v. TurnerAppellate Division of the Supreme Court of the State of New York · 2009
- City of New York v. de PeysterAppellate Division of the Supreme Court of the State of New York · 1907
- Village of Watkins v. Welch Grape Juice Co.Appellate Division of the Supreme Court of the State of New York · 1904
- In re Hand St.New York Supreme Court · 1889
- Pounds v. Lee Avenue Theatre Co.New York Supreme Court · 1914
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