Rumsey v. New York & New England Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 28, 1891, which affirmed a judgment in favor of- plaintiffs, entered upon a decision of the court on trial without a jury.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made February 28, 1891, which affirmed a judgment in favor of- plaintiffs, entered upon a decision of the court on trial without a jury. This action was brought by plaintiffs to recover damages for obstructing access from their lands to the waters of the Hudson river by the building of a railroad in front of them by defendant and for a removal of said obstruction so as to enable them to use a right of way to said river. The facts, so far as material, are stated in the…
1Opinion of the CourtO’Brien, J.
This appeal involves two important questions: (1) The rule of damages applicable generally to such cases, *82and (2) the right of the plaintiffs to recover anything for the period prior to March 3, 1885. The plaintiffs are, and for more than twenty years have been, the owners of about forty acres of land on the east bank of the Hudson river at Fislikill, bounded on the west by the river, and covering about one thousand feet of the river front. It also appears that on the 3d of March, 1885, the state, pursuant to a resolution of the commissioners of the land office, granted to the plaintiffs the…
2Cases cited12 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- St. Louis v. RutzSupreme Court of the United States · 1891
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
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3Cited by20 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Scranton v. WheelerSupreme Court of the United States · 1900
- Shepard's Point Land Co. v. Atlantic HotelSupreme Court of North Carolina · 1903
- Simpkins v. WhiteWest Virginia Supreme Court · 1897
- Bent v. Woodward EmeryMassachusetts Supreme Judicial Court · 1899
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