Thompson's Treatise On the Law of Highways, Including Ways, Bridges, Tunnels, Strays, Turnpikes And Plank Roads : With An Appendix of Forms

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T. B. 297.) Where such consent has been given under a mistake of law merely, no relief can be given, even on a bill in equity, filed for that purpose. {Id.) And consent may be inferred from the acts and con- duct of the owner. Thus, if he appear before the referees on appeal and litigate the question of damages, his consent may possibly be presumed. {Lansing v.
Caswell, 4 Paige, 523. For form of consent, see Ap- pendix No. 54.) Orchard. — Commissioners of highways cannot lay out a road through
...an orchard of four years' growth without the consent of the owner, except as above.* But this restriction does not prevent them from laying * Roads may be laid out through orchards In Westchester and Putnam counties.
(Laws 1831, chap. 300.) 222 THE LAW OF HIGHWAYS.
out a road through an enclosed field because there are fruit trees in any part of it, however distant they may be from the highway. It does not follow that a whole field is an orchard because there are fruit trees in some part of it.


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