16 N.Y.S. 683 | N.Y. Sup. Ct. | 1891
The plaintiff fenced in what he asserts to be his private road. This road .runs along in front of defendants’ premises. The fence cut them off from the road, and they tore it down. The plaintiff commenced an action to restrain the defendants from interfering with this fence. The defendants answer that they have a right to use the road by their deed, and because the road was a public highway. The defendants ask by the answer an injunction to restrain plaintiff from building up the fence. The plaintiff asked leave to discontinue on payment of costs and disbursements. Leave