Egerer v. New York Central & Hudson River R. R.
New York Court of Appeals
This action was tried at the Monroe circuit on January 25, 1886. At the close of the evidence the court directed a verdict for the defendant, to which plaintiff excepted, and the court thereupon ordered the exceptions to be heard at the general term in the first instance.
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This action was tried at the Monroe circuit on January 25, 1886. At the close of the evidence the court directed a verdict for the defendant, to which plaintiff excepted, and the court thereupon ordered the exceptions to be heard at the general term in the first instance. The principal facts in the case are, that plaintiff’s premises are situated upon North avenue, formerly North street, which has been a street in use by the general public for many years and afforded access to plaintiff’s premises. Under the act of the legislature, chap. 147, Laws of 1880, the defendant was allowed to agree…
1Opinion of the CourtPotter, J.
The action is brought to recover damages occasioned to plaintiff’s means of access to her building and premises and to the air and light incident thereto in consequence of the structure of defendant in front or near the plaintiff’s premises.
A street or highway is principally designed and devoted to the use of the public to travel upon with teams and carriages and upon foot, and it may not be used for any other purpose except it be a quasi public use, such as a railroad carrying persons and freight under certain limitation. The People v. Kerr, 27 N. Y., 188; Kane v. The E. R. R. Co., 125 id.,…
2Cases cited4 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- The People v. . KerrNew York Court of Appeals · 1863
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- Abendroth v. Manhattan Railway Co.New York Court of Appeals · 1890
3Cited by40 opinions
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Archenhold Automobile Supply Co. v. City of WacoTexas Supreme Court · 1965
- Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1953
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