Donahue v. . Keystone Gas Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff had no property in the trees in question.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 15, 1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff had no property in the trees in question. (Green v. Armstrong, 1 Den. 550; Goodyear v. Vosburg, 57 Barb. 245; Mott v. Palmer, 1 N. Y. 564; L. F. G. Co., 82 N. Y. 565 ; Pierpont v. Bernard, 6 N. Y. 279; McGregor v. Brown, 10 N. Y. 114; Woodhull v.…
1Opinion of the CourtVann, J.
The plaintiff has the rights of an abutting owner upon the west side of a public highway known as Union street, in the city of Olean, but he owns no part of the bed' of the street. The defendant is a foreign corporation which supplies natural gas to the inhabitants of the city for light and fuel by means of pipes laid beneath the surface of the streets in the usual way. There are two dwelling houses on the premises of the plaintiff, one of which he occupies as a residence while the other is leased' to a tenant. In 1898, near the west margin of Union street and directly in front of the…
2Cases cited18 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
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3Cited by54 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Perlmutter v. GreeneNew York Court of Appeals · 1932
- Regan v. LanzeNew York Court of Appeals · 1976
- Kelbro, Inc. v. MyrickSupreme Court of Vermont · 1943
- Whittaker v. StangvickSupreme Court of Minnesota · 1907
49 more not listed; retrieve them via the Exa API.