Barnes v. Midland Railroad Terminal Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiffs, Sarah II. Barnes and others, and by the defendant, the Midland ¡Railroad Terminal Company, from parts of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Richmond on the 26tli day of June, 1906, upon the report of a referee.
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Cross-appeals by the plaintiffs, Sarah II. Barnes and others, and by the defendant, the Midland ¡Railroad Terminal Company, from parts of an interlocutory judgment of the Supreme Court, entered in the office of the clerk of the county of Richmond on the 26tli day of June, 1906, upon the report of a referee. This action is brought to perpetually enjoin the defendant, first, from maintaining certain of its buildings and structures in a public highway called the Sea Side boulevard, and from erecting structures therein in any manner interfering with the passage of the plaintiffs and the public…
1Opinion of the Court
Rich, J.:
The plaintiffs appeal from so much of the interlocutory judgment entered on the report of the referee as adjudges that they are not entitled to an injunction against acts of the defendant preventing the passage of the public over that portion of its beach lying between high and low-water mark, and the defendant appeals from so much of said judgment as grants to the plaintiffs any relief, and appoints a referee to ascertain and report the damages sustained by the plaintiffs, or either of them.
The question here presented by plaintiffs’ appeal is that of the right of the general public…
2Cases cited9 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Knickerbocker Ice Co. v. . ShultzNew York Court of Appeals · 1889
- Jenks v. MillerAppellate Division of the Supreme Court of the State of New York · 1897
- Wetmore v. Atlantic White Lead Co.New York Supreme Court · 1862
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3Cited by3 opinions
- Barnes v. Midland Railroad Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Barnes v. Midland R. Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Barnes v. Midland Railroad Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1909