Legal Opinion

Weeks v. New York, Westchester & Boston Railway Co.

New York Court of Appeals

Decided December 31, 1912PublishedCited by 4 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Inasmuch as plaintiff had some easements in Cedar street, the Special Term should not have given a judgment on the merits.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 13, 1911, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Inasmuch as plaintiff had some easements in Cedar street, the Special Term should not have given a judgment on the merits. (Clark v. Scovill, 198 N. Y. 279; Jones v. Gould, 145 App. Div. 271; Lord v. Atkins, 138 N. Y. 184; Haight v. Littlefield, 147 N. Y. 338;…

1Opinion of the CourtChase, J.

On July 30, 1906, the plaintiff purchased two lots of land in New Rochelle which were in part described in the deed as follows: “known and distinguished as lots numbers Fifty-seven and Fifty-eight (57 and 58) on a certain map entitled ' Map of Property belonging to W. Chalmers, J. C. Wilson and others, New Rochelle, N. Y.,’ dated December, 1904, made by Horace Crosby, C. E., filed in the Westchester County Register’s office, which lots are more particularly bounded and described as follows: Beginning at a point on the westerly side of Cedar street as shown on said map (detailed description…

2Cases cited5 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  3. Reis v. . City of New YorkNew York Court of Appeals · 1907
  4. Lord v. . AtkinsNew York Court of Appeals · 1893
  5. Hemmingway v. . PoucherNew York Court of Appeals · 1885

3Cited by4 opinions

  1. Grand River Dam Authority v. MisenhimerSupreme Court of Oklahoma · 1945
  2. In re New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913
  3. Powlowski v. Mohawk Golf ClubNew York Supreme Court · 1922
  4. Walker v. MuellerAppellate Division of the Supreme Court of the State of New York · 1914

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