Rumsey v. N. Y. & N. E. R. R.
New York Court of Appeals
Appeal from judgment of the supreme court, general term, second department, affirming judgment of circuit in favor of defendant.
1Opinion of the CourtFinch, J.
This judgment must be reversed upon the authority of Rumsey v. N. Y. & N. E. R. R. Co., 114 N. Y., 423; 23 N. Y. State Rep., 928. That was an action between the same parties who are now before us, founded upon the same facts, and in which a judgment restraining the defendant from operating its road over the disputed premises was sought. The defendant there, as here, had succeeded ; but the second division of this court reversed the judgment, holding that the H. Y. Central & Hudson River Company had not become owners of the adjacent upland by reason of the construction of its road over land…
2Cases cited1 opinion
- Rumsey v. . N.Y. N.E.R.R. Co.New York Court of Appeals · 1889
3Cited by1 opinion
- Rumsey v. . N.Y. N.E.R.R. Co.New York Court of Appeals · 1891