Archibald v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River 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 13th day of July, 1895, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Cullen, J.:
This action is, or, to speak more accurately, should be, in ejectment to recover the possession of two plots or parcels of land adjacent to the line of defendant’s railroad, one on the easterly side and one on the westerly side. The plaintiff, besides seeking to recover possession of the premises, also sought as equitable relief that the defendant should be decreed to remove its tracks and structures and restrained from further maintaining them. No objection was taken as to the form of the action, and no complaint is made as to the equitable relief granted, except as to the first…
2Cases cited3 opinions
- N.Y.C. H.R.R.R. Co. v. . AldridgeNew York Court of Appeals · 1892
- Northport Real Estate & Improvement Co. v. HendricksonNew York Court of Appeals · 1893
- Saunders v. . New York Central and Hudson River Rd. Co.New York Court of Appeals · 1892
3Cited by2 opinions
- Outhwaite v. GunnMichigan Supreme Court · 1914
- St. Wm's Ch., Raquette Lake, N.Y. v. PeopleNew York Court of Appeals · 1947