In re Alteration of Four-Corner Road

New York Supreme Court

In re Alteration of Four-Corner Road

13 N.Y.S. 458, 37 N.Y. St. Rep. 711, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1184

DecidedFebruary 11, 1891

StatusPublished

This text of 13 N.Y.S. 458 (In re Alteration of Four-Corner Road) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Alteration of Four-Corner Road, 13 N.Y.S. 458, 37 N.Y. St. Rep. 711, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1184 (N.Y. Super. Ct. 1891).

Pincite

Opinion

Barnard, P. J.

The consent of the county judge ought not to have been granted upon the merits of the application. The road asked for takes orchards and house inclosures and a school-house. By the general law in rural districts, a highway could not be laid out through these lands. In cases of great public importance and convenience, the property owners must give way to the' public necessity. The present case does not fill these requirements. The road benefits very few people, and very slightly. The cost will be quite heavy, and the road which this one is to displace is sufficient for the public use. The order should be reversed, with costs; and motion denied, with costs. All concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Barnard, P. J.

The consent of the county judge ought not to have been granted upon the merits of the application. The road asked for takes orchards and house inclosures and a school-house. By the general law in rural districts, a highway could not be laid out through these lands. In cases of great public importance and convenience, the property owners must give way to the' public necessity. The present case does not fill these requirements. The road benefits very few people, and very slightly. The cost will be quite heavy, and the road which this one is to displace is sufficient for the public use. The order should be reversed, with costs; and motion denied, with costs. All concur.

Cite This Page — Counsel Stack

Bluebook (online)

13 N.Y.S. 458, 37 N.Y. St. Rep. 711, 59 Hun 618, 1891 N.Y. Misc. LEXIS 1184, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-alteration-of-four-corner-road-nysupct-1891.