New York Supreme Court February 15, 1887 (Dominick v. Hill)

Learned, P. J.

This is an action of trespass on land, commenced in a justice’s court and removed to the supreme court on plea of title. The alleged trespass was a tearing down a fence and digging open a ditch. The defendant defended on the ground that the place was a public highway, and that he, as commissioner of highways, was removing an obstruction and nuisance.