Legal Opinion

New York Central & Hudson River Railroad v. Shattemuc Yacht

New York Supreme Court

Decided January 15, 1908PublishedCited by 1 opinion

Action to restrain the defendant from laying either water or gas pipes across plaintiff’s right of way.

1Opinion of the CourtMills, J.

The defendant owns land upon both sidés of the plaintiff’s right of way strip in the town of Ossining, for a distance of fifty feet. Its parcel on the westerly side of plaintiff’s right of way, which runs approximately north and south, is of considerable depth or width and is composed of land under water included within an old grant. Its parcel on the east of plaintiff’s right of way strip is only three feet in depth or width, but is connected with Water street, a public highway, by a right of way twelve feet ,in width. Upon its westerly parcel the defendant maintains its club-house and for…

2Cases cited5 opinions

  1. Herman v. . RobertsNew York Court of Appeals · 1890
  2. Bridger v. . PiersonNew York Court of Appeals · 1871
  3. Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  4. People Ex Rel. Frost v. . N.Y.C. H.R.R. Co.New York Court of Appeals · 1901
  5. New York Central & Hudson River Railroad v. MarshallAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. Walker v. StateAppellate Division of the Supreme Court of the State of New York · 1972

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