Shipston v. City of Niagara Falls
Appellate Division of the Supreme Court of the State of New York
• Appeal by the defendant, City of Niagara Falls, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 13th day of February, 1918, .upon the decision of the court after a trial at the Niagara Special Term. The judgment decreed, among other things, that plaintiff acquired title to certain lands mentioned in the complaint.
1Opinion of the Court
Kruse, P. J.:
The question presented by this appeal is whether Niagara avenue in the city of Niagara Falls, between the east bounds of Whirlpool street and the west bounds of the New York Central right of way, is an existing highway:
I think the question should be answered in the affirmative. The learned trial judge, at the request of the defendant, not only found that Niagara avenue was created and established by proceedings taken in the years 1851 and 1852, but that in 1854, or thereabouts, it was traveled over by wagons and other vehicles and used by pedestrians; that repairs were made to…
2Cases cited4 opinions
- City of New York v. . RiceNew York Court of Appeals · 1910
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1898
- Mangam v. President and Trustees, Village, Sing SingNew York Court of Appeals · 1900
3Cited by7 opinions
- People ex rel. Hofeller v. BuckAppellate Division of the Supreme Court of the State of New York · 1920
- Cowin v. City of WaterlooSupreme Court of Iowa · 1946
- Kahabka v. SchwabAppellate Division of the Supreme Court of the State of New York · 1923
- Niagara, Lockport & Ontario Power Corp. v. StateNew York Court of Claims · 1946
- Smith v. Town of Sandy CreekNew York Supreme Court · 1958
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