Legal Opinion
City of Olean v. Pennsylvania R.R. Co.
New York Court of Appeals
Decided November 20, 1928PublishedCited by 7 opinions
1Opinion of the CourtLehman, J.
In 1872 the Buffalo, New York and Philadelphia Railroad Company, the defendants’ predecessor in title, constructed its railroad above and across a country road in the town of Olean. The country road was narrow, little used and ill-constructed. It was used principally by drivers of milk wagons and others as a “ short cut.” Nevertheless the evidence establishes as matter of law that in 1872 and for some time prior to that date it was a public highway. It was included in road district No. 9 of the town of Olean as early as 1827. It was shown on public maps. There were some fences on either side,…
2Cases cited3 opinions
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Cook v. . HarrisNew York Court of Appeals · 1875
- City of Mt. Vernon v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1922
3Cited by7 opinions
- Yackee v. Village of NapoleonOhio Supreme Court · 1939
- Sturman v. New York Central R.R. Co.New York Court of Appeals · 1939
- Darling v. Village of HerkimerNew York Supreme Court · 1957
- New York, Susquehanna & Western Railroad v. County of BergenSupreme Court of New Jersey · 1959
- Contino v. Baltimore & Annapolis R. Co.District Court, D. Maryland · 1949
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