Town of Mount Pleasant v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of April, 1921, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
BlAckmar, P. J., Putnam, Kelly and Manning, JJ., concur; Rich, J., dissents.
The following is the opinion delivered at Special Term: Young, J.:
Plaintiff sues to compel the removal by defendant as a continuing trespass and a public nuisance of the portion, of the old Croton aqueduct which crosses and encroaches upon the public highway known as the Albany post road or Broadway. This encroachment consists of solid masonry and earth embankments which extend into the highway about thirty-three feet on its westerly side and about thirteen feet on the easterly side, leaving a roadway under the arch…
2Cases cited5 opinions
- City of New York v. . RiceNew York Court of Appeals · 1910
- Acme Realty Co. v. . SchinasiNew York Court of Appeals · 1915
- In Re Acquiring Title by the City of New YorkNew York Court of Appeals · 1916
- City of New York v. de PeysterAppellate Division of the Supreme Court of the State of New York · 1907
- City of New York v. De PeysterNew York Court of Appeals · 1907
3Cited by4 opinions
- Sharp v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1923
- Allen v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1930
- In re McCoyAppellate Division of the Supreme Court of the State of New York · 1925
- In re McCoyAppellate Division of the Supreme Court of the State of New York · 1925