Western Union Telegraph Co. v. Shepard
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 23,1900, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 23,1900, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court on trial at Special Term. The action is in equity in which the plaintiff seeks : 1. Judgment reforming a certain deed, forming part of the chain of title of the premises known as bios. 70, 72, 74 and 76 Church street in the city of blew York, in the particulars hereinafter referred to. 2. Judgment establishing a trust in the present owner of said premises, the defendant…
1Opinion of the CourtLandon, J.
The question presented by this appeal is Avhether, upon the facts found by the trial court, the plaintiff is entitled to a reversal of the judgment. All parties recognize the fact that the previous decisions of this court have established the law to be that the land and its easements are inseparable, and thus the grant of the land carries ivith it the grant of the easements. Whence it folloAvs that the damages done or accruing to the land or its easements after the grant are recoverable by the grantee. And so Ave decide in the case of Shepard v. Metropolitan and Manhattan Elevated Railway…
2Cases cited12 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Hodge v. . SloanNew York Court of Appeals · 1887
- Gibert v. . PetelerNew York Court of Appeals · 1868
- Thurber v. . ChambersNew York Court of Appeals · 1876
- Acer v. . WestcottNew York Court of Appeals · 1871
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- Melody v. GoodrichNew York Court of Appeals · 1902
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