Northern Turnpike Road Co. v. Smith
New York Supreme Court
This was an action of ejectment brought'by “ The Northern Turnpike Road Company” plaintiffs, against the defendant Smith, for “a strip of land about ten feet wide and about twenty rods in length,” lying contiguous to the defendant’s premises. The complaint alleged title in the plaintiffs, and that the defendant entered and took possession. The defendant in his answer denied title in the plaintiffs, and averred title in himself.
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This was an action of ejectment brought'by “ The Northern Turnpike Road Company” plaintiffs, against the defendant Smith, for “a strip of land about ten feet wide and about twenty rods in length,” lying contiguous to the defendant’s premises. The complaint alleged title in the plaintiffs, and that the defendant entered and took possession. The defendant in his answer denied title in the plaintiffs, and averred title in himself. The plaintiffs replied, denying the defendant’s title and reasserting their own. The plaintiffs were incorporated April 1st, 1799. The 5th section of the act of…
1Opinion of the CourtHand, J.
The deed from the commissioners of highways to the plaintiffs, merely gave the latter the same rights the grantors had ; and was evidence that the public had received compensation for their interest in the road. According to a recent decision, the plaintiffs, in this respect, succeeded to the rights of the public; and the defendant cannot complain that the highway has been placed in charge of a turnpike company. It is still a public road : and the mode of keeping it in repair is only changed. (Benedict v. Goit, 3 Barb. S. C. Rep. 459.) If, after the plaintiffs had changed their turnpike on to…
2Cases cited7 opinions
- Cortelyou v. Van BrundtNew York Supreme Court · 1807
- Hooker v. Utica & Minden Turnpike Road Co.New York Supreme Court · 1834
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
- Trustees of the First Baptist Church v. Utica & Schenectady RailroadNew York Supreme Court · 1848
- Jackson v. MayNew York Supreme Court · 1819
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3Cited by5 opinions
- Hicks v. City of BluefieldWest Virginia Supreme Court · 1920
- Harrington v. City of Port HuronMichigan Supreme Court · 1891
- Etz v. DailyNew York Supreme Court · 1854
- Cooper v. BloodgoodNew Jersey Court of Chancery · 1880
- Smith v. WigginSupreme Court of New Hampshire · 1868