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The City of New Rochelle v. . New Rochelle Coal Lumber

121 N.E. 270, 224 N.Y. 696, 1918 N.Y. LEXIS 1106
CourtNew York Court of Appeals
DecidedNovember 26, 1918
StatusPublished
Cited by4 cases

This text of 121 N.E. 270 (The City of New Rochelle v. . New Rochelle Coal Lumber) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
The City of New Rochelle v. . New Rochelle Coal Lumber, 121 N.E. 270, 224 N.Y. 696, 1918 N.Y. LEXIS 1106 (N.Y. 1918).

Opinion

Per Curiam.

Plaintiff failed to offer sufficient evidence to sustain a finding that the locus in quo was an existing highway. The evidence conclusively establishes that for more than six years prior to the commencement of the action the strip of land in suit had been closed to travel-for its entire width. The obstructed section had, therefore, ceased to be a highway. (Highway Law, § 234; Barnes v. Midland R. R. Terminal Co., 218 N. Y. 91, 98.)

The judgment should be reversed and a new trial granted, with costs to abide the event.

His cock, Ch.- J., Collin, Cuddeback, Cardozo, Pound, Crane and Andrews, JJ., concur.

Judgment reversed, etc.

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211 A.D. 500 (Appellate Division of the Supreme Court of New York, 1925)
Town of Leray v. New York Central Railroad
123 N.E. 145 (New York Court of Appeals, 1919)

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Bluebook (online)
121 N.E. 270, 224 N.Y. 696, 1918 N.Y. LEXIS 1106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-city-of-new-rochelle-v-new-rochelle-coal-lumber-ny-1918.