Starke-Belknap v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, New York Central Railroad Company, 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 2d day of July, 1918, upon the decision of the court rendered after a trial at the Rockland Special Term in an action of ejectment in which plaintiff was adjudged owner in fee of the premises set forth in the complaint, with $6,088.18 as damages for withholding the property.
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Appeal by the defendant, New York Central Railroad Company, 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 2d day of July, 1918, upon the decision of the court rendered after a trial at the Rockland Special Term in an action of ejectment in which plaintiff was adjudged owner in fee of the premises set forth in the complaint, with $6,088.18 as damages for withholding the property. The complaint described two parcels, one to the east and the other to the west of defendant’s railroad tracks along the shore of…
1Opinion of the Court
Putnam, J.:
Regarding few questions should the rule of stare decisis be more faithfully observed than on the interpretation of crown grants involving shore and water rights. More than private rights are often concerned; and where a construction has been deliberately adopted and declared, it should not be disturbed save by the court of last resort. Colonial grants on Long Island have been adjudged to include the lands under bays and harbors. (Robins v. Ackerly, 91 N. Y. 98; Tiffany v. Town of Oyster Bay, 209 id. 1; Grace v. Town of North Hempstead, 166 App. Div. 844; affd., 220 N. Y. 628.) In…
2Cases cited6 opinions
- Sage v. Mayor of New YorkNew York Court of Appeals · 1897
- De Lancey v. . PiepgrasNew York Court of Appeals · 1893
- Robins v. . AckerlyNew York Court of Appeals · 1883
- Grace v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1915
- Grace v. . Town of North HempsteadNew York Court of Appeals · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. FooteAppellate Division of the Supreme Court of the State of New York · 1934
- In re the City of New YorkNew York Supreme Court · 1921
- Mayo v. New York Central R.R. Co.New York Court of Appeals · 1934
- Mayo v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- People v. Starke-BelknapNew York Court of Appeals · 1928