Legal Opinion

Eggleston v. New York & Harlem Rail Road

New York Supreme Court

Decided December 12, 1859PublishedCited by 16 opinions

APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the possession of a strip of land four rods in width and ninety rods in length, running through the plaintiff’s farm, which the defendants had fenced off, and upon which they had constructed their rail road.

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APPEAL from a judgment entered upon the report of a referee. The action was brought to recover the possession of a strip of land four rods in width and ninety rods in length, running through the plaintiff’s farm, which the defendants had fenced off, and upon which they had constructed their rail road. The answer denied that the plaintiff had any title to the premises, or had ever been in possession thereof; and the defendants alleged that their rail road was laid out and located through the said farm or tract of land on or about the 25th day of June, 1849, with the license and consent of…

1Opinion of the Court

By the Court, Emott, J.

This is an action to recover the possession of land. The plaintiff has also claimed damages for withholding the possession, but as he has not recovered any damages, we may lay this part of the case out of the questions now to be considered. The defendants answered, first, denying the plaintiff's title, and denying an unlawful withholding, which is equivalent merely to a denial of any withholding of the possession. Upon so much of the issue *166between the parties, the plaintiff was entitled to succeed when he had proved, as he did, his own title to the premises, and their…

2Cases cited4 opinions

  1. Mumford v. WhitneyNew York Supreme Court · 1836
  2. United States v. LathropNew York Supreme Court · 1819
  3. Suffern v. TownsendNew York Supreme Court · 1812
  4. Vreeland v. Blunt & TompkinsNew York Supreme Court · 1849

3Cited by16 opinions

  1. Olmsted v. . DennisNew York Court of Appeals · 1879
  2. Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
  3. Jenkins v. LykesSupreme Court of Florida · 1882
  4. Kamphouse v. GaffnerIllinois Supreme Court · 1874
  5. Selden v. . the Del. Hud. Canal Co.New York Court of Appeals · 1864

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