Boston & Maine Railroad v. Delaware & Hudson Co.
New York Court of Appeals
The judgment in the 1916 action established lack of title in the Mechanicville and Fort Edward Railroad Company. (Donahue v. New York Life Ins. Co., 259 N. Y. 98; Roberts v. Baum-gotten, 110 N. Y. 380; Rudd v. Cornell, 171 N. Y. 114.) The 1916 adjudication was a judgment in rem, affirmative as to the Fitchburg’s title to the main line; negative as to the want of title in the Mechanicville and Fort Edward to the Stillwater Branch.
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The judgment in the 1916 action established lack of title in the Mechanicville and Fort Edward Railroad Company. (Donahue v. New York Life Ins. Co., 259 N. Y. 98; Roberts v. Baum-gotten, 110 N. Y. 380; Rudd v. Cornell, 171 N. Y. 114.) The 1916 adjudication was a judgment in rem, affirmative as to the Fitchburg’s title to the main line; negative as to the want of title in the Mechanicville and Fort Edward to the Stillwater Branch. (Eiserilord v. Glum, 126 N. Y. 552; Schuylkill Fuel Corp. v. Neiberg Realty Corp., 250 N. Y. 304; Schindler v. Royal Ins. Co., 258 N. Y. 310; Marine Trans. Corp. v.…
1Opinion of the CourtLehman, J.
The plaintiff is a railroad corporation, formed in 1919 by the consolidation of the Fitchburg Railroad Company, the Boston and Maine Railroad and six other corporations. In 1916 the Fitchburg Railroad Company and Boston and Maine Railroad were named as defendants in an ejectment action, which the Mechanic- villa and Port Edward Bailroad Company attempted to bring against them for the purpose of obtaining possession of certain real property in Saratoga county, then occupied by the defendants so named, and the value of the use and occupation of that property. In their answer those defendants…
2Cases cited3 opinions
- Colson v. PelgramNew York Court of Appeals · 1932
- Savage v. . AllenNew York Court of Appeals · 1873
- Boston & Maine Railroad v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1933
3Cited by11 opinions
- Carolina Power & Light Co. v. Merrimack Mutual Fire InsuranceSupreme Court of North Carolina · 1953
- Irene R. Lacks v. Youssef Fahmi and Janet F. CottonCourt of Appeals for the Second Circuit · 1980
- Porter v. Robert Porter & Sons, Inc.New Mexico Supreme Court · 1961
- Conway v. SametNew York Supreme Court · 1969
- TransGas Energy Systems., LLC v. New York State Board on Electric Generation Siting & EnvironmentAppellate Division of the Supreme Court of the State of New York · 2009
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