New York Central & Hudson River Railroad v. Village of Ossining
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Village of Ossining and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 31st day of October, 1910, upon the decision of the court rendered after a trial at the Eockland' Special Term.
1Opinion of the Court
«Tenes, J.:
It was mutually agreed on the argument that the sole question is whether the land in Main street was part of a public street. That question depends upon the fact whether there has been a dedication by the plaintiff, the owner thereof. As there is no proof of any written dedication or of the filing of. any map* the inquiry is whether the acts of the owner and the surrounding circumstances indicate an intention to set apart this land for highway purposes. *766The acts and declarations ■ of the owner must be “ deliberate, •unequivocal.and decisive, manifesting a positive and unmistakable…
2Cases cited8 opinions
- Morgan v. Railroad Co.Supreme Court of the United States · 1878
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- Georgia Railroad & Banking Co. v. City of AtlantaSupreme Court of Georgia · 1903
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Concklin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Lehigh & Hudson River Railway Co. v. Village of WarwickAppellate Division of the Supreme Court of the State of New York · 1914
- McCutcheon v. Terminal Station CommissionNew York Supreme Court · 1915
- New York Central Railroad Co. v. ArtheliaNew York Supreme Court · 1947
- Young v. ScoferoNew York Supreme Court · 1954
1 more not listed; retrieve them via the Exa API.