New York Court of Appeals

S. Fleet Speir, as Executors v. the Town of New Utrecht, Appellant

June 3, 1890121 N.Y. 420

Summary

The Court held that the sixty‑foot road was neither a public highway by dedication nor by user, that the Supreme Court order confirming the opening commissioners' report did not bind the parties, that owners of the fee estate could not be assessed for improvements without compensation, and that estoppel did not bar the plaintiffs; consequently the lower judgment was reversed and a new trial ordered.