Grinnell v. Kirtland
New York Court of Common Pleas
Appeal by plaintiff from a judgment on a trial by the court. This action was brought by Helen L. Grinnell against Frederick S. Kirtland, Charles H. Kernel" and George B. Grinnell, to have One hundred and fifty-sixth street, in the city of New York, kept open as a street in front of her lands to its full width of sixty feet, and to have the defendants, Kirtland and Kerner, directed to remove, or cause to be removed, all fences or obstructions placed by them thereon, to set…
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Appeal by plaintiff from a judgment on a trial by the court. This action was brought by Helen L. Grinnell against Frederick S. Kirtland, Charles H. Kernel" and George B. Grinnell, to have One hundred and fifty-sixth street, in the city of New York, kept open as a street in front of her lands to its full width of sixty feet, and to have the defendants, Kirtland and Kerner, directed to remove, or cause to be removed, all fences or obstructions placed by them thereon, to set back their fences to the southerly line of the street, and to refrain from in any way obstructing the southerly half of…
1Opinion of the CourtLarbemobe, J.
[After stating the facts.]—No map of said premises was ever made by Mrs. Audubon. No proceedings have ever been taken by the public authorities to open said street, and on an official map recently made, this strip of land is not laid out as a street, and does not appear thereon.
This fact summarily disposes of the question as to the right to have and use said strip of land as a street.
The plaintiff claims, however, that by the boundaries contained in the deeds by Mrs., Audubon, there was a dedication of the land called One hundred and fifty-sixth street as and for a street, and that the same…
2Cases cited41 opinions
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Mayor of Macon v. FranklinSupreme Court of Georgia · 1852
- Town of Derby v. AllingSupreme Court of Connecticut · 1873
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