Buffalo Pipe Line Co. v. N. Y., Lake Erie & Western R. R. Co.
New York Supreme Court
Motion by defendant to dissolve an injunction heretofore granted on anxx parte application of the plaintiff, restraining the defendant from removing or disturbing the iron pipe laid by the plaintiff, as a section of its pipe line, in the bottom of Five Mile Creek, and under the waters thereof.
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Motion by defendant to dissolve an injunction heretofore granted on anxx parte application of the plaintiff, restraining the defendant from removing or disturbing the iron pipe laid by the plaintiff, as a section of its pipe line, in the bottom of Five Mile Creek, and under the waters thereof. The motion was founded on the pleading and upon a large number of affidavits ; the latter being used chiefly to show the nature and character of the stream, its use and capability to float - logs and run rafts, and also upon the question, where is the title to the bed or bottom of such creek.
1Opinion of the CourtBarker, J.
The defendant is in the possession of *109the lands on each side of a stream in the town of Allegany, in the county of Cattaraugus, called the Five Mile Run, upon which it has constructed its road-bed, and on which it now operates the same as a part of its main line, and by means of a bridge or trestle-work. It crosses the said stream ; the span of the structure is about seventy feet, is eleven feet above the water, and rests on abutments erected on each bank of the creek.
The underlying and principal question presented on this motion is, where is the title, the fee to the bed or bottom of the…
2Cases cited25 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Dixon v. NiccollsIllinois Supreme Court · 1866
- Underhill v. Saratoga & Washington Rail RoadNew York Supreme Court · 1855
- Johnson v. Common Council of IndianapolisIndiana Supreme Court · 1861
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3Cited by10 opinions
- De Camp v. ThomsonAppellate Division of the Supreme Court of the State of New York · 1897
- Town of North Hempstead v. GregoryAppellate Division of the Supreme Court of the State of New York · 1900
- In re the Fishway in Dam Crossing the West Branch of DelawareAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. New York, Ontario & Western Railway Co. v. State Tax CommissionNew York Supreme Court · 1921
- Waterloo Woolen Manufacturing Co. v. StateNew York Court of Claims · 1922
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