In re Rebuilding the Bridge Across the Shawangunk Kill Between the Towns of Crawford & Shawangunk, on Hardenburgh's Road

• Decision Date: 08 December 1885
• Citation: 3 N.E. 679,100 N.Y. 642
• Parties: In re REBUILDING THE BRIDGE ACROSS THE SHAWANGUNK KILL BETWEEN THE TOWNS OF CRAWFORD AND SHAWANGUNK, ON HARDENBURGH'S ROAD.
• Court: New York Court of Appeals Court of Appeals

100 N.Y. 642

3 N.E. 679

In re REBUILDING THE BRIDGE ACROSS THE SHAWANGUNK KILL BETWEEN THE TOWNS OF CRAWFORD AND SHAWANGUNK, ON HARDENBURGH'S ROAD.¹

Court of Appeals of New York.

Filed December 8, 1885.

J. F. Cloonan, for appellant.

Wm. Vanamee, for respondent.

PER CURIAM.

The road in the town of Crawford was not legally laid out. There was no acceptance by the town, or its offcers, of the road after it was opened by private parties. Nor was there any acceptance of the dedication of the land for the highway which imposed the burden of the highway upon the town. The road was never recorded as such, and no order was ever made laying it out, and it was never worked or improved by the town as such. Here the use of the road by the public was only for about four years, and if mere user by the public, without any action of the town authorities laying out or recording or improving or accepting the road, can make a highway, (a point we do not determine,) such user must continue at least 20 years. Concurring in the opinion pronounced at the general term, we see no occasion to write more. The order should be affirmed, with costs.

(All concur.)

1 Affirming, mem., 34 Hun, 629.