City of Cohoes v. Delaware & H. Canal Co.
New York Supreme Court
Appeal from special term, Albany county. The first action was brought to restrain defendant from laying tracks in certain portions of an alleged'Van Rensselaer street, in Cohoes. The second was brought to restrain the construction of a freight-house in said alleged street. The two actions were tried before the court without a jury, and a decision in each action was rendered for the defendant. The plaintiff appeals.
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Appeal from special term, Albany county. The first action was brought to restrain defendant from laying tracks in certain portions of an alleged'Van Rensselaer street, in Cohoes. The second was brought to restrain the construction of a freight-house in said alleged street. The two actions were tried before the court without a jury, and a decision in each action was rendered for the defendant. The plaintiff appeals. The facts are substantially the same in each action, and, as found by the court, are briefly as follows: In 1833 the Cohoes Company became the owner of a considerable tract of…
1Opinion of the CourtLearned, P. J.
It is not important to inquire what rights the grantees of lots bounded on the alleged street may have acquired thereto. Bridge Co. v. Bachman, 66 N. Y., at 267. Such grantees are not before us. The question is, what are the rights of the city of Cohoes, claiming to act for the public? Many cases are cited by the plaintiff, such as Bissell v. Railroad Co., 23 N. Y. 62; Wiggins v. McCleary, 49 N. Y. 346; Cox v. James, 45 N. Y. 557, —showing that where a grantor has conveyed land, bounding the same upon a street laid out by him on some map, the grantee acquires a right to the use of such…
2Cases cited8 opinions
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Cook v. . HarrisNew York Court of Appeals · 1875
- Wiggins v. . McClearyNew York Court of Appeals · 1872
- Cox v. . JamesNew York Court of Appeals · 1871
- Beckwith v. . WhalenNew York Court of Appeals · 1877
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3Cited by2 opinions
- Schade v. City of AlbanyNew York Circuit Court, Albany County · 1891
- People v. KelloggNew York Supreme Court · 1893