Naylor v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 9th day of July, 1906, upon the decision of the court, rendered after a trial at the Westchester Special Term, overruling the defendants demurrer to the complaint.
1Opinion of the Court
Jenks, J.:
I advise affirmance. The action is to establish riparian rights on the Hudson river. The appeal is from an interlocutory judgment overruling a demurrer that the complaint does not state facts sufficient to constitute a cause of action. The plaintiffs complain that in 1838 Isaac Seymour and two others were tenants in common of land abutting on the Hudson river, which were uplands; that as such owners they received in that year a grant of land under water from the Commissioners of the Land Office, which became absolute in them upon tlieir compliance with the conditions thereof; that…
2Cases cited7 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Wetmore v. Atlantic White Lead Co.New York Supreme Court · 1862
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3Cited by4 opinions
- Moenig v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
- WISCONSIN STATE AFL-CIO v. Elections Bd.District Court, E.D. Wisconsin · 1982
- Hirsch v. New England Navigation Co.Appellate Division of the Supreme Court of the State of New York · 1908