Hyperlawhypertext legal database Cole v. Keuren 11 N.Y. Sup. Ct. 262

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Cole v. Keuren

11 N.Y. Sup. Ct. 262 Court N.Y. Sup. Ct. English

Decision Majority — Learned, P. J. · Dissent — James, J.,

Contents
p. 262
MARTIN COLE, Respondent, v. MATTHEW VAN KEUREN, Appellant.

Headnote

1 B. S., 501, § 1, sub. 3 — order of commissioners as to a public highway—effect of.
When the commissioners of highways of a town meet, and, it appearing to them that a certain road has been used as a highway for more than twenty years; order it to be ascertained and recorded, such order is not conclusive upon a person claiming that the said highway is a private road, and, that he is the owner of the soil thereof. The statute (1 R. S., 501, § 1, sub. 3), does not authorize the commissioners to create or enlarge, but only to perpetuate,", the evidence of a public right; the fact of dedication depends on the user.[1]
Appeal from a judgment in favor of .the plaintiff, entered upon the verdict of a jury.
p. 263
S. L. Stebbins, for the appellant.
William Lounsbery, for the respondent.

Opinion by

Present — Learned, P. J., Boardman and James, JJ.

dissented.

Judgment affirmed.