Kerr v. West Shore Railroad
New York Supreme Court
Action by Charles Kerr against the West Shore Railroad Company to compel defendant to restore a road and water-course, the usefulness of which is alleged to be impaired by its embankment and bridge.
1Opinion of the Court
Parker, J..The plaintiff is seized and possessed of 'a farm of land situate on the west shore of the Hudson river, in the town of Marlborough, Ulster county. This farm has a frontage of about 4,000 feet on the Hudson. For the land under water between high and low water mark letters patent were granted to the plaintiff on the 5th day of January, 1876. The letters patent recited that the grant is made, “excepting and reserving to all and every the said people the full and free right, liberty, and privilege of entering upon and using all and every part of the above-described premises in as ample…
2Cases cited5 opinions
- The People v. . the Canal AppraisersNew York Court of Appeals · 1865
- The People v. . TibbettsNew York Court of Appeals · 1859
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Wademan v. . Albany and Susquehanna R.R. Co.New York Court of Appeals · 1873
- Mayor of New York v. PriceThe Superior Court of New York City · 1852
3Cited by3 opinions
- Nagle v. RobinsWyoming Supreme Court · 1900
- Manitowoc Clay Product Company v. Manitowoc, Green Bay & Northwestern Railway Co.Wisconsin Supreme Court · 1908
- Stevenson v. Atlantic & Northern Railway Co.Supreme Court of Iowa · 1919