Brainin v. New York, New Haven & Hartford Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the New York, New Haven and Hartford Bailroad Company 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 23d day of January, 1909, upon the verdict of a jury rendered by direction of the court after a trial at the Westchester Trial Terrain an action of ejectment.
1Opinion of the Court
Rich, J.:
Both the plaintiff a!nd the defendant railroad company claim ownership of a piece of land over which the latter permitted its codefendant to place poles and string wires and cables. The New *394York and New Haven Eailroad Company was originally laid out in 1847, at which time there was conveyed to it by one Davenport a piece of land eleven chains and fifty-eight links in length of the average width of one chain and ten links. The law then in force required the company to fence its right of way, and a stone wall vet standing on " the east side of said premises is, I think, beyond question…
2Cases cited8 opinions
- Brookman v. . KurzmanNew York Court of Appeals · 1883
- Pope v. . HanmerNew York Court of Appeals · 1878
- Simpson & Isaacs v. DowningNew York Supreme Court · 1840
- Smith v. ReichNew York Supreme Court · 1894
- Benjamin v. WelchNew York Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Town of Brookhaven v. DinosAppellate Division of the Supreme Court of the State of New York · 1980
- McConnell v. WrightAppellate Division of the Supreme Court of the State of New York · 2017
- Mechler v. DehnNew York Supreme Court · 1922
- Borzilleri v. JanesNew York Supreme Court · 1916
- In re the City of New YorkNew York Supreme Court · 1933
2 more not listed; retrieve them via the Exa API.