Taylor v. Wright
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth C. Taylor, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Schoharie on the 14th day of February, 1899, upon the dismissal of the complaint at the close of the plaintiff’s evidence by direction of the court after a trial before the court and a jury, and also from an order dismissing the complaint.
1Opinion of the Court
Merwin, J.:
Prior to 1889 the plaintiff became and still is the owner of a farm of about 300 acres situated in the town of Esperance. In June, 1896, she commenced a suit in a Justice’s Court against the defendant to recover damages for trespasses committed by the defendant upon the farm and upon a right of way connected therewith. The defendant put in a plea of title and thereupon the action in the Justice’s Court was discontinued and the present one commenced in the Supreme Court for the same cause of action.
In the complaint it is alleged, among other things, that for more than six years last…
2Cases cited2 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Campbell v. ArnoldNew York Supreme Court · 1806
3Cited by1 opinion
- Holdridge v. Town of BurlingtonAppellate Division of the Supreme Court of the State of New York · 1969