Batchelor v. Hinkle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Rosanna Batchelor, from a judgment of the Supreme Court in favor of the plaintiff for nominal damages, entered in the office of the clerk of the county of New York on the 21st day of February, 1910, upon the decision of the court, rendered after a trial at the New York Special Term, in so far as said judgment virtually refuses the plaintiff injunctive relief and fixes her damages at one dollar.
1Opinion of the Court
Ingraham, P. J.:
Upon a former appeal from a judgment in favor of the defendants (132 App. Div. 620) the judgment was reversed upon the ground *622that the plaintiff liad acquired an easement in this strip of land which had been dedicated for the widening of the adjacent street appurtenant to the property, which was appurtenant to his property; that this easement appurtenant to the plaintiff’s property was property of the plaintiff which no one could appropriate to his own use without the plaintiff’s consent, and the act of the defendants in erecting a building upon this strip of land was an…
2Cases cited8 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Muhlker v. New York & Harlem RailroadSupreme Court of the United States · 1905
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Doyle v. . LordNew York Court of Appeals · 1876
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3Cited by7 opinions
- Moody v. FilipowskiAppellate Division of the Supreme Court of the State of New York · 1989
- New York Investors, Inc. v. Manhattan Beach Bathing Parks Corp.Appellate Division of the Supreme Court of the State of New York · 1930
- Andrews v. CohenAppellate Division of the Supreme Court of the State of New York · 1914
- Batchelor v. HinkleAppellate Division of the Supreme Court of the State of New York · 1912
- In re Metroplex on the Atlantic, LLCUnited States Bankruptcy Court, E.D. New York · 2016
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