Legal Opinion

Walker v. State of New York

New York Court of Appeals

Decided March 27, 1974No. Claim 48896; Claim 48897PublishedCited by 2 opinions

1Opinion of the CourtStevens, J.

This appeal involves the meaning of the term - “ farm crossing ”. The issue is whether, as a matter of law, the Appellate Division erred when, in affirming an increment allowance, it decided that the “ farm crossing ” here involved can be expanded to include access for potential industrial use.

Claimants are the owners of two contiguous pieces of property, each bounded on the south by a former railroad right of way 99 feet in width. Access to the properties was over the right of way of two farm crossings — one created by deed reservation, the other by statute (Railroad Law, § 52). Both were…

2Cases cited3 opinions

  1. Jones v. . SeligmanNew York Court of Appeals · 1880
  2. Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
  3. Buffalo Stone & Cement Co. v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891

3Cited by2 opinions

  1. Schwartz v. StateNew York Court of Claims · 1978
  2. Anagnos v. HangacAppellate Division of the Supreme Court of the State of New York · 2000

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