Hedges v. . West Shore R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial department, entered August 1, 1894, -which modified," and, as modified, affirmed, a judgment in favor of plaintiffs 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 Oourt in the second judicial department, entered August 1, 1894, -which modified," and, as modified, affirmed, a judgment in favor of plaintiffs 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. The defendants’ structure is not and never has been any obstruction to any navigation of which the waters have ever been susceptible, nor any obstruction of the access from the jdaintiffs’ land to the navigable channel of the North river. (Saunders…
1Opinion of the CourtO’Brien, J.
This action, in its form and in the nature and measure of the relief awarded by the judgment, is substantially the same as the numerous cases, now so familiar to the court, prosecuted by the owners of property, abutting upon streets in the city of Hew York, against the elevated railroads. The principle upon which the judgment rests is far reaching in its operation and application and demands most careful examination.
There is but little, if any, dispute with respect to the material facts, the controversy depending entirely upon the rule of law that should govern the rights of the parties. The…
2Cases cited6 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- McGean v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
- Saunders v. New York Central & Hudson River RailroadNew York Court of Appeals · 1894
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3Cited by26 opinions
- Trustees of the Freeholders & Commonalty of Brookhaven v. SmithNew York Court of Appeals · 1907
- Tiffany v. . Town of Oyster BayNew York Court of Appeals · 1922
- Town of Oyster Bay v. Commander Oil Corp.New York Court of Appeals · 2001
- Western Pac. Ry. Co. v. Southern Pac. Co.Court of Appeals for the Ninth Circuit · 1907
- Anderson v. ReamesSupreme Court of Arkansas · 1942
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