Devenpeck v. Lambert
New York Supreme Court
THIS action was first brought in a justice’s court, to recover a penalty of five dollars for obstructing a highway in the town of Worcester in the county of Otsego. The defense there interposed was that there was no highway where the obstruction was placed; and that the land where the plaintiff alleged there was a highway was the private property of Greorge Clark, and that the defendant acted as his agent in putting the alleged obstruction on the land.
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THIS action was first brought in a justice’s court, to recover a penalty of five dollars for obstructing a highway in the town of Worcester in the county of Otsego. The defense there interposed was that there was no highway where the obstruction was placed; and that the land where the plaintiff alleged there was a highway was the private property of Greorge Clark, and that the defendant acted as his agent in putting the alleged obstruction on the land. The justice was of the opinion that a question as to the title to real property was raised by the pleadings, and dismissed the case. The…
1Opinion of the Court
By the Court, Balcom, J.
The successive owners of the land, on which the road in question exists, permitted the people at large to use the same as a public highway, for twenty years or more prior to the time the defendant obstructed it by building a fence across it. Such use was-uninterrupted and with the consent of the several successive owners of the land. The first owner declared in substance that he opened the road for the accommodation of his hotel and store, and the public; though at one or more times he may have prevented an overseer of highways from working it; but it was worked at…
2Cases cited4 opinions
- Clements v. Village of West TroyNew York Supreme Court · 1853
- Doughty v. BrillNew York Supreme Court · 1862
- Wiggins v. TallmadgeNew York Supreme Court · 1851
- Carpenter v. GwynnNew York Supreme Court · 1861
3Cited by9 opinions
- Schwerdtle v. County of PlacerCalifornia Supreme Court · 1895
- Hanson v. TaylorWisconsin Supreme Court · 1869
- Speir v. Town of New UtrechtNew York Supreme Court · 1888
- Hanson v. TaylorWisconsin Supreme Court · 1869
- In re Howland BridgeNew York Supreme Court · 1891
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