Legal Opinion

Rumsey v. . N.Y. N.E.R.R. Co.

New York Court of Appeals

Decided October 27, 1891PublishedCited by 9 opinions

1Opinion of the Court

This action was brought to restrain the defendant from operating its railroad upon lands claimed to belong to the plaintiffs.

The defendant's road at the village of Fishkill Landing was constructed in the year 1881, in the Hudson river upon lands under water in front of uplands owned by the plaintiffs. On the 3d day of March, 1885, the governor of the state, pursuant to a resolution of the commissioners of the land office, issued to the plaintiffs a patent of the lands under water in the Hudson river in front of their uplands, being about one thousand feet on the shore line and along the bank…

2Cases cited5 opinions

  1. WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
  2. The People v. . DevlinNew York Court of Appeals · 1865
  3. People Ex Rel. Purdy v. Commissioners of Highways of the Town of MarlboroughNew York Court of Appeals · 1873
  4. Kerr v. West Shore RailroadNew York Court of Appeals · 1891
  5. Rumsey v. N. Y. & N. E. R. R.New York Court of Appeals · 1890

3Cited by9 opinions

  1. State Ex Rel. Richards v. MoorerSupreme Court of South Carolina · 1929
  2. New York & Long Island Bridge Co. v. SmithNew York Court of Appeals · 1896
  3. People v. Santa Clara Lumber Co.New York Supreme Court · 1907
  4. In re the Transfer Tax upon the Estate of StickneyAppellate Division of the Supreme Court of the State of New York · 1905
  5. Helm v. DayNew York Supreme Court · 1912

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