Fobes v. Rome, Watertown & Ogdensburg Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 13, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made November 13, 1888, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff, the owner of certain premises bounded by the east line of Franklin street, in the city of Syracuse, against defendant, a railroad corporation organized under the General Eailroad Act, to restrain the defendant from interference with, and occupation of, his easement of light, air, and access in and to that…
1Opinion of the CourtPeckham, J.
We think that the defendant has by its exceptions duly raised the question argued before us. We are also of the opinion that the plaintiff’s lot is bounded by the exterior line of the street in question, and that he has no title to thp land to the centre of the street subject to the public easement. The courts below held that the occupation and appropriation by defendant of a part of the plaintiff’s easement in Franklin street is and always has been unlawful. To that conclusion the defendant excepted.
It admits that plaintiff had an easement in that street, but it denies that it has occupied…
2Cases cited11 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Drucker v. . Manhattan Railway Co.New York Court of Appeals · 1887
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Detroit Citizens' St. Ry. Co. v. City of DetroitCourt of Appeals for the Sixth Circuit · 1894
- Sperb v. Metropolitan Elevated Railway Co.New York Supreme Court · 1891
- Case v. Cayuga CountyNew York Supreme Court · 1895
- In re City of BuffaloSuperior Court of Buffalo · 1891
8 more not listed; retrieve them via the Exa API.