Burditt v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from special term. Action by Luther J. Burditt against the Hew York Central & Hudson River Railroad Company. Judgment for plaintiff. Defendant appeals. The plaintiff owned to the center of Teall avenue, in the city of Syracuse.
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Appeal from special term. Action by Luther J. Burditt against the Hew York Central & Hudson River Railroad Company. Judgment for plaintiff. Defendant appeals. The plaintiff owned to the center of Teall avenue, in the city of Syracuse. The defendant had laid down, and at the time of the commencement of this action was maintaining and operating, a switch upon and across a portion of the premises of the plaintiff included within said avenue, without the permission of the plaintiff, and without having obtained any right so to do either by agreement or proceedings to condemn. This action is…
1Opinion of the CourtParker, J.
There seems to be no doubt but that the defendant, in building and maintaining this switch in Teall avenue, has been guilty of a continuing trespass upon the plaintiff’s land, and that the judgment enjoining him from using such switch was properly rendered in this action. Indeed, the appellant makes no complaint before us of any error upon that question. The real question presented is whether the court at special term has imposed too heavy damages against the defendant by fixing the plaintiff’s loss of rents sustained in consequence of the use of the switch from the time it was laid at the…
2Cases cited2 opinions
- Barrick v. . SchifferdeckerNew York Court of Appeals · 1890
- Barrick v. SchifferdickerNew York Supreme Court · 1883
3Cited by2 opinions
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1896