22 N.Y.2d 819 (1968)
Mere usage by the public of a private road, even for an extended period, is insufficient to convert it into a public highway without evidence that public authorities have maintained, controlled, or adopted the road for the statutory period.
Summary
Diamond International Corporation sued Little Kildare, Inc. to establish a private right-of-way across Little Kildare’s land. Diamond International claimed a public highway existed based on public usage of the relocated Water Road. The Court of Appeals reversed the lower court’s decision favoring Diamond International, holding that mere public usage is not enough to establish a public highway. There must be evidence that public authorities maintained or adopted the road as their own for the statutory period to demonstrate an exercise of public dominion.
Facts
Water Road was relocated. Diamond International Corporation claimed a right to use the road across Little Kildare, Inc.’s property, arguing that it had become a public highway due to public usage.
Procedural History
The Supreme Court, St. Lawrence County, ruled in favor of Little Kildare. The appellate division reversed that decision. The Court of Appeals reversed the appellate division’s decision and reinstated the Supreme Court’s original judgment, thus denying Diamond International’s claim of a public highway.
Issue(s)
Whether mere usage by the public of a relocated private road is sufficient to convert it into a public highway, absent evidence that the road was maintained, controlled, or adopted by public authorities for the statutory period.
Holding
No, because mere usage by the public of a private road as relocated is not sufficient to convert it into a public highway absent a showing that the road was kept in repair or taken in charge and adopted by public authorities for the statutory period.
Court’s Reasoning
The Court of Appeals based its decision on established New York law concerning the creation of public highways. The Court referenced prior decisions (Pirman v. Confer, 273 N.Y. 357; People v. Sutherland, 252 N.Y. 86; Speir v. Town of New Utrecht, 121 N.Y. 420) and Section 189 of the Highway Law to support its ruling. The key point was that simply using a road, even if the public does so regularly, does not make it a public road. “Mere usage by the public of Water Road as relocated is not sufficient to convert this private road into a public highway absent a showing that the road was kept in repair or taken in charge and adopted by public authorities for the statutory period.” There needs to be an indication that the public, through its government, has asserted dominion and control over the road. The record lacked evidence that the public had maintained or taken charge of the relocated Water Road. The absence of this evidence was fatal to Diamond International’s claim.