Perrin v. New York Central Rail Road
New York Supreme Court
THIS was an action to recover the possession of land in the city of Rochester. The land sought to be recovered is that designated “park” on the maps annexed to the printed case.
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THIS was an action to recover the possession of land in the city of Rochester. The land sought to be recovered is that designated “park” on the maps annexed to the printed case. The defendant, by its answer, claimed that the premises in controversy had, upon a certain map made by the plaintiff!, in 1848, of a tract owned by him, been designated as a street, park or open piece of ground, appurtenant to certain lots laid down on that map; and that the said street, park or open space of ground became and was fully dedicated by the plaintiff as a street or highway, for the use and benefit of the…
1Opinion of the Court
By the Court, Welles, J.
The question to be determined in this case is, whether, when the plaintiff conveyed the lots abutting on the premises in question, he parted with his title to such premises ; and that depends upon the question whether those premises can properly be regarded as a street. If it was designed by the plaintiff as a street, lane, alley or way for ingress and egress in order to afford communication between the lots abutting upon it and Jones street, which was one of the public streets of the city of Rochester, the law is settled that the conveyance of those lots by the…
2Cases cited1 opinion
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
3Cited by2 opinions
- Trustees of the Methodist Episcopal Church v. Mayor of HobokenSupreme Court of New Jersey · 1868
- Bullard v. AllenSupreme Judicial Court of Maine · 1925