New York Supreme Court May 14, 1894 (Harriman v. Howe)

DYKMAN, J.

This is an appeal from a judgment dismissing the complaint of the plaintiff after a trial at the special term of this court. The action was brought to determine the character of the roadway described in the complaint, and to procure a judgment which should declare it to be a private, and not a public, way, and to perpetually restrain the defendants, as commissioners of highways, from