State v. Thomas

4 Del. 568

• Court: New York Court of General Session of the Peace
• Decided: October 15, 1845
• Status: Published

Opinion

And the

Court,

charged, remarking so that in case of roads not laid out by order of court, though the uninterrupted use of the road for twenty years would give a right of way; yet where several roads traverse a common, or uninclosed land, in the same general direction, but in different places, at the pleasure of the passengers, such a mode of use ought not to be satisfactory evidence of a dedication, to take away from the owner of the land the right to inclose it; unless, in respect to some one of the roads, the enjoyment and use can be shown to have been uniform and uninterrupted for at least twenty years.

The defendant was convicted.