Paige v. Schenectady Ry. Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Schenectady County. Actions by Janet Franchot Paige, Caroline Paige Lansing, Belle Van Epps, Isabella Beattie, Louise A. Thompson, and Charles L. Whitmyre against the Schenectady Railway Company to restrain defendant from laying its tracks over a certain avenue of which plaintiffs claimed to be the owners in fee. From a judgment in favor of plaintiffs, defendant appeals.
1Per curiam
Every question now presented was before this court on the former appeals from the orders refusing an injunction. 77 N. Y. Supp. 889; 79 N. Y. Supp. 266. We have carefully examined the evidence produced on the trials, and, while it is somewhat changed from that before this court on the former appeals, we are of the opinion that the changes do not affect the result as then expressed. Even assuming that Washington avenue was laid out prior to August 27, 1664, and that under the Dutch law the fee of the streets was in the sovereign, and also that some of the plaintiffs can trace their title back…
2Cases cited2 opinions
- Paige v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Paige v. Schenectady Railway Co.New York Supreme Court · 1902