Roe v. . Strong
New York Court of Appeals
Appeal from .judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 28,1889, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for the erection of a wharf and bridge upon plaintiffs’ property, and to compel their removal.
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Appeal from .judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made June 28,1889, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought to recover damages for the erection of a wharf and bridge upon plaintiffs’ property, and to compel their removal. The complaint alleges that the original plaintiffs are owners of certain premises situate in Setauket, in the town of Brook-haven, Suffolk county, adjacent to and in front of an arm of Setauket harbor, and a…
1Opinion of the CourtAndrews, J.
This case is here for the second time. On the former appeal we reversed the judgment in favor of the plaintiffs, rendered after a trial of the issues, for the reasons stated in the opinion then given. (107 N. Y. 350.)
The present appeal is from a judgment affirming a judgment entered upon a dismissal of the complaint at Special Term, at the conclusion of the plaintiffs’ evidence, no evidence having been given on the part of the defendants. The sole questions upon the present appeal are whether the case as made by the plaintiffs, prima facie established, or tended to establish, that the Floyd…
2Cases cited1 opinion
- Roe v. . StrongNew York Court of Appeals · 1887
3Cited by8 opinions
- Shinnecock Hills & Peconic Bay Realty Co. v. AldrichAppellate Division of the Supreme Court of the State of New York · 1909
- McRoberts v. . BergmanNew York Court of Appeals · 1892
- Mission of the Immaculate Virgin v. CroninNew York Court of Appeals · 1894
- Koch v. EllwoodAppellate Division of the Supreme Court of the State of New York · 1910
- Town of Oyster Bay v. StehliAppellate Division of the Supreme Court of the State of New York · 1915
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