66 N.Y.S. 162 | N.Y. Sup. Ct. | 1900
If a portion of the highway may be appropriated as a sidewalk for the exclusive use of pedestrians, there seems to be no reason why another portion of the highway may not be appropriated for the exclusive use of bicycles.
In the case of Palmer v. Larchmont Electric Company, 158 N. Y. 231, it was held that when land is taken for a country high
The provisions of section 2 of the Side Path Law (L. 1899, ch. 152), that “ Ho side path shall be constructed upon or along any regularly constructed or maintained side walk, except upon the consent of the persons owning the abutting lands ” is somewhat obscure in its phraseology, but taking the whole section together it is clear that the words “ upon ” or “ along ” are synonymous, and that the provision was intended to prevent the appropriation of any portion of a regularly constructed side walk for a bicycle path, and was not intended to forbid the construction of a bicycle path beside of or adjoining any such side walk.
The defendants are entitled to judgment, dismissing the complaint, with costs.
Complaint dismissed, with costs.