Cravath v. Baylis
Appellate Division of the Supreme Court of the State of New York
AppBal by the defendant, Alfred 0. Baylis, from á judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 19th day of October, 1904, upon the verdict of a jury rendered by direction of the court after a trial at the Nassau Trial Term, and also from an order entered in said clerk’s office on the 27th day. of September, 1904, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
It is conceded that the defendant tore down a certain fence constructed by the plaintiff upon a certain salt meadow tract in the. town of Oyster Bay, and the real question litigated :is the title to the premises, the defense to the plaintiff’s action for trespass being that the latter is not the owner of such premises. At the close of ' the evidence both parties moved the court for, the direction of a verdict, but before any action was taken by the court, the defend*667ant asked to be allowed to go to the jury “ upon the whole issue in respect to the alleged trespass, and in respect…
2Cases cited3 opinions
- Second National Bank of Elmira v. WestonNew York Court of Appeals · 1900
- Donohue v. . WhitneyNew York Court of Appeals · 1892
- Lewis v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Horton v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Poulos v. FerraioloAppellate Division of the Supreme Court of the State of New York · 1962