Buffalo Creek Railroad v. Collins
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, the Buffalo Creek Railroad Company and others, from a judgment of the Supreme' Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 8th day of July, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 8th day of July, 1898, as resettled by an order entered in said clerk’s office on the 5th day of August, 1898, denying the…
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Appeal by the plaintiffs, the Buffalo Creek Railroad Company and others, from a judgment of the Supreme' Court in favor of the defendants, entered in the office of the clerk of the county of Erie on the 8th day of July, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 8th day of July, 1898, as resettled by an order entered in said clerk’s office on the 5th day of August, 1898, denying the plaintiff’s motion for a new trial made upon the minutes. The action was commenced on the 14th of January, 1896, and was…
1Opinion of the Court
Merwin, J.:
The main question in this case relates to the defense of adverse possession. The verdict directed by the court is, in effect, the same as a verdict by the jury for the defendants. (Thompson v. Simpson, 128 N. Y. 270.) The question here is whether or not the evidence is sufficient to sustain the verdict.
■ The claim of the defendants was not founded upon a written instrument or a judgment or decree. It was, therefore, incumbent upon them to show that for twenty years before the commencement of the action they, or those from whom they hold, had been in the actual continued occupation…
2Cases cited8 opinions
- Thompson v. . SimpsonNew York Court of Appeals · 1891
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Clapp v. BromaghamCourt for the Trial of Impeachments and Correction of Errors · 1827
- Barnes v. . LightNew York Court of Appeals · 1889
- Whiting v. . EdmundsNew York Court of Appeals · 1884
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3Cited by1 opinion
- Allerton v. SteeleAppellate Division of the Supreme Court of the State of New York · 1901