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4 Del. 568

State v. Thomas

New York Court of General Session of the Peace · decided 1845-10-15

The defendant was indicted for obstructing a public road leading from Robinson’s Landing on Taylor’s Gut to Carrollown school-house. The State proved the existence of the road for more than twenty years as a public road, and that the defendant closed it; but opened another road, within a few rods, on better ground than the old one.

Decided 1845-10-15

¶1And the

Court,

¶2charged, remarking so that in case of roads not laid out by order of court, though the uninterrupted use of the road for twenty years would give a right of way; yet where several roads traverse a common, or uninclosed land, in the same general direction, but in different places, at the pleasure of the passengers, such a mode of use ought not to be satisfactory evidence of a dedication, to take away from the owner of the land the right to inclose it; unless, in respect to some one of the roads, the enjoyment and use can be shown to have been uniform and uninterrupted for at least twenty years.

¶3The defendant was convicted.

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