Harrower v. Ritson
New York Supreme Court
ACTION of trespass, tried, before Morgan, J. and a jury, at the Onondaga circuit. The act complained of was the removal of a fence which the plaintiff had built within the line of a public highway. There was conflicting evidence whether the fence obstructed or hindered the travel in the road, or interfered with the use of the road by the public.
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ACTION of trespass, tried, before Morgan, J. and a jury, at the Onondaga circuit. The act complained of was the removal of a fence which the plaintiff had built within the line of a public highway. There was conflicting evidence whether the fence obstructed or hindered the travel in the road, or interfered with the use of the road by the public. The justice charged the jury that they would determine where the south bounds of the road- were as in fact fenced in, and' worked as a public road for the twenty years prior to the erection of the fence by the plaintiffs ; tfnd if they found that the…
1Opinion of the CourtAllen, J.
The encroachment of the plaintiffs’ fence upon the highway was, it would seem, hardly disputed upon the trial. The only question of fact upon which conflicting evidence was given was whether the fence was an obstruction to the travel, and interfered with the use of the road by the public. And upon this branch of the case several witnesses, in behalf of the plaintiffs, testified that the fence torn down did not and could not interfere with the travel west of the angle; and all the testimony was that at the angle and with the fence a single team could easily and safely pass, and that without…
2Cases cited12 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- People v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Mills v. HallNew York Supreme Court · 1832
- Wales v. StetsonMassachusetts Supreme Judicial Court · 1806
- Rung v. ShonebergerSupreme Court of Pennsylvania · 1833
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3Cited by19 opinions
- Lawton v. . SteeleNew York Court of Appeals · 1890
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- City of Emporia v. HumphreySupreme Court of Kansas · 1931
- Griffith v. McCullumNew York Supreme Court · 1866
- State v. KeanSupreme Court of New Hampshire · 1896
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