Adams v. Saratoga & Washington Railroad
New York Court of Appeals
Appeal from the supreme court. Ejectment for two parcels of land occupied by the defendant with its railroad track, the one being in a street in the village of Whitehall, the other a strip of land running through the plaintiff’s farm. The trial was at the Washington circuit before Mr. Justice Willard, and the plaintiff was nonsuited. The case was heard on exceptions at general term, and judgment being rendered for the defendant, the plaintiff appealed to this court.
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Appeal from the supreme court. Ejectment for two parcels of land occupied by the defendant with its railroad track, the one being in a street in the village of Whitehall, the other a strip of land running through the plaintiff’s farm. The trial was at the Washington circuit before Mr. Justice Willard, and the plaintiff was nonsuited. The case was heard on exceptions at general term, and judgment being rendered for the defendant, the plaintiff appealed to this court. The facts are fully stated in the report of the case in the supreme court. (11 Barb., 414.) So far as they are material to the…
1Opinion of the Court
Gridley J.
delivered the opinion of the court.
This case was submitted on printed briefs instead of being argued orally, as the nature and importance of the questions involved in it would have rendered desirable. It was an action of ejectment commenced before the Code, and was brought to recover possession of two distinct parcels of land situated in the village of Whitehall, in the county of Washington. The one is that part of Church-street which is occupied by the rails of the company to form the track of their road. The other is a part of the plaintiff’s home farm, &c., and is a parcel of…
2Cases cited6 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Alexandrine Mager v. Felix GrimaSupreme Court of the United States · 1850
- Striker v. KellyNew York Supreme Court · 1845
- Jackson, ex rel, Watson v. EstyNew York Supreme Court · 1831
- Varick v. TallmanNew York Supreme Court · 1848
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