Hochalter v. Manhattan Railway Co.
New York Supreme Court
Appeal from special term, New York county. Action by George Jacob Hochalter against the Manhattan Bailwav Company and the Metropolitan Elevated Bail way Company to restrain them from operating their railroad in front of plaintiff’s premises, and to recover damages for its maintenance. From the judgment rendered in favor of plaintiff, defendants appeal.
1Opinion of the CourtBarrett, J.
The single question raised upon this appeal is with regard to the plaintiff’s title to the westerly half of Laurens street, in front of his premises now known as “Ho. 96 South Fifth Avenue.” The plaintiff purchased in 1851 from one John Storms. He so purchased by warranty deed purporting to convey the premises in question by a description which, as defendants concede, would have conveyed all the land in front of such premises to the center of Laurens street, if Storms had owned such land. The defendants claim that there is no presumption of ownership in fee to the center of the streets in…
2Cases cited3 opinions
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
- Stewart v. Metropolitan Elevated Railway Co.The Superior Court of the City of New York and Buffalo · 1888