47 N.Y.S. 269 | N.Y. App. Div. | 1897
The propriety of confirming the order appealed from in this proceeding depends upon the proof before the commissioners and the county court as to the necessity of the proposed highway. I have gone over the testimony very carefully, with the assistance of the penciled diagram which appears among the papers, and a larger map of the town of East Hampton, and I do not think that the evidence shows the proposed highway to be really necessary or practically of much advantage to the public. If the proposed extension had terminated at some convenient point on Geórgica Pond before reaching the land of R. Heber Newton, its construction might be justified on the ground that it would afford the public more convenient access than now exists to that part of the pond, for purposes of fishing, eeling, crabbing, and sailing. This is on the assumption that the pond belongs to the town of East Hampton, and that by virtue of its ownership the public have a right to use it for the purposes mentioned. The proposed road runs along Geórgica Pond for nearly a mile, and it was proved before the commissioners, without contradiction, that any point upon this mile affords as good access to the pond as would be afforded by the 820 feet of the Newton property which form the western extremity. It would manifestly be unjust, therefore, to take these 820 feet from the owner on the ground that the acquisition was necessary to enable the public to get onto Geórgica Pond from the south side.
The only other argument in favor of running the extension through the Newton property is based upon the assertion that it would afford a shorter route than now exists between the village of East Hampton and Wainscot. The evidence in the proceeding, however, does not sustain this position. The proposed highway terminates on the shore of the southern extremity of Geórgica Pond, at
For these reasons, I think we should refuse to confirm the order of the county court. All concur.