Murdock v. Prospect Park & Coney Island Railroad
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a decision of the court on trial without a iury. (Reported below, 10 Hun, 598.) This action was brought to restrain defendant from operating its road over and across lands of plaintiff in the county of Kings, included in Gravesend avenue. The facts appear sufficiently in the opinion.
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Appeal from, judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of defendant entered upon a decision of the court on trial without a iury. (Reported below, 10 Hun, 598.) This action was brought to restrain defendant from operating its road over and across lands of plaintiff in the county of Kings, included in Gravesend avenue. The facts appear sufficiently in the opinion. Plaintiff’s permission to defendant to enter upon his land would be consistent with the reservation of a claim for compensation. (Eggleston v. Harlem R. R. Co.,…
1Opinion of the CourtAndrews, J.
It is conceded that the plaintiff owns the fee of the land included in Gravesend avenue, described iu the complaint, and that the defendant has constructed and is operating its road on the avenue across the plaintiff’s premises, without having taken proceedings to acquire his title under the general railroad act, and without any grant from the plaintiff, or any right under any written agreement with him to occupy his premises.
The defendant justifies its entry upon the plaintiff’s land and asserts its right to maintain its road thereon under an alleged parol license of the plaintiff.
The…
2Cases cited2 opinions
- Washington Cemetery v. Prospect Park & Coney Island RailroadNew York Court of Appeals · 1877
- Babcock v. UtterNew York Court of Appeals · 1864
3Cited by17 opinions
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Borough Bill Posting Co. v. LevyAppellate Division of the Supreme Court of the State of New York · 1911
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Fargis v. . WaltonNew York Court of Appeals · 1887
- Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
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