City of Niagara Falls v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeals from judgments of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 12, 1899, affirming judgments in favor of plaintiffs entered upon the report of a referee.
1DissentO’Brikv, J.
(dissenting.) The leading and important fact in this case is that the defendant is in possession of a parcel of land, within the corporate limits of the plaintiff, upon which it has constructed its railroad and laid down ties and tracks and has been for many years in the enjoyment and use of the same for railroad purposes. It claims to be the absolute owner of this land having acquired and paid for it in conorinity with law. The plaintiff claims that the land is a public street and that the defendant in using it for railroad purposes is a trespasser. This claim has been sustained by the…
2Cases cited16 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- McHenry v. . JewettNew York Court of Appeals · 1882
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Thomas v. Musical Mutual Protective UnionNew York Court of Appeals · 1890
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
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