Roby v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1892, which denied a motion for a new trial and ordered judgment in favor of plaintiff upon a verdict directed on trial at Circuit. This was an action of ejectment.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made the first Tuesday of October, 1892, which denied a motion for a new trial and ordered judgment in favor of plaintiff upon a verdict directed on trial at Circuit. This was an action of ejectment. Prior to July 13,1835, the Tonawanda Railroad Company acquired by condemnation proceedings for the use and accommodation of its railroad the land, being twenty-five feet in width, now in question. The defendant has succeeded to the rights of that railroad company, and the…
1Opinion of the CourtEabl, J.
The strip of land in question was near the easterly terminus of the Tonawanda railroad, and since its acquisition for railroad purposes a track has been maintained thereon which has connection with the main track of the defendant’s railroad. In April, 1889, the defendant and Arthur GL Yates of the city of Rochester, entered into an agreement whereby the defendant made a lease to Yates covering the land in question and other lands in the same vicinity for a term of fifteen years from the first day of May, 1889, at an annual rental payable quarterly. It was provided in the agreement that the…
2Cases cited12 opinions
- Grand Trunk Railroad v. RichardsonSupreme Court of the United States · 1876
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Snell v. . LevittNew York Court of Appeals · 1888
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Carolina Central Railroad v. McCaskillSupreme Court of North Carolina · 1886
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- People v. HelinskiAppellate Division of the Supreme Court of the State of New York · 1995
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