Wright v. Syracuse, O. & N. Y. Railroad
New York Supreme Court
Appeal from special term, Onondaga county. Action by Edward C. Wright against the Syracuse, Ontario & New York Railroad Company and the New York Central & Hudson River Railroad Company, as lessees of the West Shore Railroad, to recover damages for the unlawful occupancy of a street with its tracks, and to enjoin its further use. Judgment for plaintiff, and defendants appeal.
1Opinion of the CourtHardin, P. J.
It was found by the trial court that plaintiff owns “the land in what is now known as ‘Canal Street’ between the center line thereof and the south line thereof.” Upon studying the maps used at the trial and the evidence produced during the progress of the trial, we are of the opinion that the finding of fact is supported by the evidence. In re Ladue, 118 N. Y. 213, 23 N. E. 465; 2 Am. & Eng. Enc. Law, p. 507, subd. 6; Syracuse Solar Salt Co. v. Rome, W. & O. R. Co., 67 Hun, 153, 22 N. Y. Supp. 321. The court properly found as matter of fact that the plaintiff, “at the time of the commencement…
2Cases cited5 opinions
- Townsend v. CorningNew York Supreme Court · 1840
- Bliss v. . JohnsonNew York Court of Appeals · 1883
- Matter of LadueNew York Court of Appeals · 1890
- Myers v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1885
- Prouty v. . Lake S. and Mich. S.R. Co.New York Court of Appeals · 1873
3Cited by3 opinions
- Meigs v. RobertsAppellate Division of the Supreme Court of the State of New York · 1899
- Doody v. HollwedelAppellate Division of the Supreme Court of the State of New York · 1897
- Cheney v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896