3 Johns. 438
Decided August 15, 1808
New York Supreme Court · decided 1808-08-15
ON certiorari. The action below was brought on the 35th section of “ the act to regulate highways,” (vol 1. p. 602.) for obstructing the Susquehannah river.
Good law ✅— No negative treatment on recordhow we know
Decided 1808-08-15
Cited by 8 later decisions — most recently February 1905
7 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The proviso in the 35th section, on which the suit was brought, formed no part of the plaintiff’s title, but merely furnished matter of excuse for the defendant. It provides that persons erecting mills on the rivers declared to be public highways, and cutting canals for the use of the mills, so as not to injure the navigation, shall not be liable to the penalties of the act. It was not necessary, therefore, for the plaintiff to negative this proviso in his declaration.
¶2Judgment affirmed.