Town of Albion v. Ryan
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Town of Albion, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Orleans on the 5th day of January, 1922, vacating a temporary injunction obtained by the plaintiff unless the plaintiff on or before January 12, 1922, enters into an agreement with the defendants providing for the quarrying by the defendants of the stone underneath the highway mentioned in said complaint and for…
Read the full summary
Appeal by the plaintiff, Town of Albion, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Orleans on the 5th day of January, 1922, vacating a temporary injunction obtained by the plaintiff unless the plaintiff on or before January 12, 1922, enters into an agreement with the defendants providing for the quarrying by the defendants of the stone underneath the highway mentioned in said complaint and for the temporary use by the public of the highway or road mentioned and described in the said answer, the defendants to…
1Opinion of the Court
Davis, J.:
The respondents are the owners of lands abutting a public highway in the town of Albion, described as “ much traveled” by the plaintiff but denied by the defendants. The defendants have for some time engaged in quarrying Medina sandstone on said premises. They allege that they have quarried and sold all the valuable stone that may be taken from the tract lying south of the highway and that a valuable deposit lying about ten feet beneath the surface and about twenty feet in thickness extends underneath the highway for a distance of about four hundred and fifty feet along said highway…
2Cases cited3 opinions
- Tinker v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1898
- Adamson v. Nassau Electric RailroadNew York Supreme Court · 1895
- Town of Clarendon v. Medina Quarry Co.Appellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- People v. DaguiarCriminal Court of the City of New York · 1994
- Rinaldo v. McGovernAppellate Division of the Supreme Court of the State of New York · 1990