Van Brunt v. . Town of Flatbush
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 9, 1891, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. Lands taken for public highways are not taken in fee, but an easement or right of passage alone vests in the public, the fee in the land remaining in the adjoining owners. As a consequence, a sewer is an additional burden imposed upon a highway, for which…
1Opinion of the CourtEarl, J.
The plaintiffs are owners of certain lands in the town of Elatlands, through which Elatbush avenue runs, and they own the fee in the avenue, subject to the public easements. The individual defendants are the street and, sewer commisioners, appointed and acting under the act, chapter 161 of the Laws of 1889. They were proceeding to construct a, sewer through the avenue, and the plaintiffs commenced this, action to restrain them on the ground that they had no right to construct the same through their land in the avenue without their consent and without condemning their land in the avenue under…
2Cases cited3 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Bloomfield & Rochester Natural Gas-Light Co. v. CalkinsNew York Court of Appeals · 1875
- Astor v. Arcade Railway Co.New York Court of Appeals · 1889
3Cited by32 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Hill Farm, Inc. v. Hill CountyTexas Supreme Court · 1969
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Cook v. Marshall CountySupreme Court of Iowa · 1903
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