New York Court of Appeals, 1918

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

The City of New Rochelle v. . New Rochelle Coal Lumber
New York Court of Appeals · Decided November 26, 1918 · <italic>Per Curiam</italic>.
121 N.E. 270; 224 N.Y. 696; 1918 N.Y. LEXIS 1106 (North Eastern Reporter)

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

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.