Scallon v. Manhattan Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division, of the Supreme Court in the first judicial department, entered April 11, 1906, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division, of the Supreme Court in the first judicial department, entered April 11, 1906, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants have acquired a prescriptive title to so much of the easements appurtenant to plaintiffs’ lot as has been subject to their adverse user during the prescriptive period. (A. B. N. Co. v. N. Y. E. R. R. Co., 129 N. Y. 254.) The period limited by the statute for…
1Opinion of the CourtVann, J.
The appeal in this action was argued at the same time with that in the Hindley case against the same defendants. (Hindley v. Manhattan Ry. Co., 185 N. Y. 335.) As the facts relating to the cause of action are substantially alike in both cases, our decision in that case must control this, unless the disability of the plaintiffs for a time on account of their infancy, a feature which exists in this case only, requires a different conclusion.
The entry by the defendants was in 1879, and this action was commenced in 1902. The trial court found that the plaintiffs derived title from their mother,-…
2Cases cited9 opinions
- McDonald v. HoveySupreme Court of the United States · 1884
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Hogan v. KurtzSupreme Court of the United States · 1877
- Bradstreet v. ClarkeNew York Supreme Court · 1834
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3Cited by29 opinions
- Barra v. Norfolk Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 2010
- Hughes v. RooseveltCourt of Appeals for the Second Circuit · 1939
- Matter of City of N.Y. (Piers Old Nos. 8-11)New York Court of Appeals · 1920
- Lowry v. CarrierMontana Supreme Court · 1918
- Commercial Bank & Trust Co. v. JordanMontana Supreme Court · 1929
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