Post v. West Shore R. Co.
New York Supreme Court
Appeal from circuit court, Greene county. Action by John Post against the West Shore Railroad Company, the New York Central & Hudson River Railroad Company, and the New York, West ■Shore & Buffalo Railway Company, to enforce specific performance of covenants in a conveyance of a right of way by plaintiff to the last-named defendant, against which alone the action was originally brought.
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Appeal from circuit court, Greene county. Action by John Post against the West Shore Railroad Company, the New York Central & Hudson River Railroad Company, and the New York, West ■Shore & Buffalo Railway Company, to enforce specific performance of covenants in a conveyance of a right of way by plaintiff to the last-named defendant, against which alone the action was originally brought. Trial by the ■court without a jury, and decree directing performance, and a money judgment for damages in lieu thereof; whereupon defendants appeal.
1Opinion of the CourtIngalls, J.
The plaintiff herein, by a deed bearing date February 8, 1882, conveyed to the defendant the New York, West Shore & Buffalo Railway Company a strip of land, being a portion of his farm, to enable the grantee to construct its proposed railway across his land. The deed contained the following provisions: “The party of the second part is to reconstruct and restore the public road, and place the same along the westerly line of and *173upon the aforesaid premises. The party of the second part is to construct a good and convenient crossing over the said railway premises to the highway, reconstructed as…
2Cases cited9 opinions
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Murtha v. . CurleyNew York Court of Appeals · 1882
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
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3Cited by3 opinions
- Baird v. Erie RailroadNew York Supreme Court · 1911
- Fake v. KelloggNew York Supreme Court · 1892
- Soule v. PalmerCity of New York Municipal Court · 1897