McKenna v. Brooklyn Union Elevated Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jane A. McKenna, from a judgment of the Supreme Court in favor of the defendant railroad companies, entered in the office of -the clerk of the county of Kings on the 7th day of November, 1903, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint as to said railroad companies and directing a recovery by the plaintiff from the defendant Mary E. Gordon of a certain, sum of money adjudged to have…
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Appeal by the plaintiff, Jane A. McKenna, from a judgment of the Supreme Court in favor of the defendant railroad companies, entered in the office of -the clerk of the county of Kings on the 7th day of November, 1903, upon the decision of the court rendered after a trial at the Kings County Special Term dismissing the complaint as to said railroad companies and directing a recovery by the plaintiff from the defendant Mary E. Gordon of a certain, sum of money adjudged to have been received by the latter as trustee for the plaintiff. Prior to the construction of the defendants’ elevated…
1Opinion of the Court
Jenks, J.:
The easements being appurtenant to the premises, were unseverable by any reservation by the grantor. (Pegram v. Elevated R. *230R. Co., 147 N. Y. 135; Kernochan v. N. Y. E. R. R. Co., 128 id. 559, 568; Foote v. Elevated Railroad, 147 id. 367; Western Union Tel. Co. v. Shepard, 169 id. 170.) Therefore, the grantee of the premises could execute the release to the defendant corporations. (Authorities, supra) But the reservation was effective between the grantor and grantee. In Begramis Case (supra) the court, per Gray, J., say: “ There need be no question as to the right of the parties to…
2Cases cited13 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Champion v. BrownNew York Court of Chancery · 1822
- Chase v. . PeckNew York Court of Appeals · 1860
- Pegram v. New York Elevated RailroadNew York Court of Appeals · 1895
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3Cited by1 opinion
- Brown v. Jarvis, Chief of PoliceWyoming Supreme Court · 1927