Myers v. Bell Telephone Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Barbara Myers, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Niagara on the 24th day of March, 1902, upon the report of a referee dismissing the complaint upon the merits.
1Opinion of the Court
Spring, J.:
The plaintiff is the owner of a farm in the town of Wheatfield in the county of Niagara through which there is a public highway that has been in use as such for upwards of sixty years. In 1867 Benjamin Long, then the owner of this farm, conveyed it by warranty deed to one Johnson, and after the description in the deed this clause appears: “ Reserving all highways and the Buffalo and Niagara Falls Railroad as now laid down.”
This clause appears in each subsequent conveyance until a deed dated October 1, 1884, in which the fee of the lands used for highways is specifically conveyed…
2Cases cited14 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Clark v. . DevoeNew York Court of Appeals · 1891
- Craig v. . WellsNew York Court of Appeals · 1854
- Grafton v. . MoirNew York Court of Appeals · 1892
- Schoonmaker v. . HoytNew York Court of Appeals · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Osborne v. . Auburn Telephone Co.New York Court of Appeals · 1907
- Shinnecock Hills & Peconic Bay Realty Co. v. AldrichAppellate Division of the Supreme Court of the State of New York · 1909
- Empire Bridge Co. v. Larkin Soap Co.New York Supreme Court · 1908
- Houghtaling v. StoothoffNew York Supreme Court · 1939
- Village of Cattaraugus v. Johnson, New York County Courts1931
3 more not listed; retrieve them via the Exa API.