Andrus v. National Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John E. Andrus, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 19th day of December, 1900, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits.
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Appeal by the plaintiff, John E. Andrus, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 19th day of December, 1900, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits. The action was brought to establish a right of way in the plaintiff through a strip óf land owned by the defendant, The National Sugar Refining Company, and to enjoin the defendant from obstructing the same by means of a railroad siding. The language of the…
1Opinion of the Court
JeSks, J.:
In 1851 the State, by letters patent, gave power and authority , to Rich and Scrymser to erect any dock or docks that “ shall be necessary to promote the commerce of our said state” upon the land under water thereinafter described. In I860 the said patentees and Woodworth conveyed in form by two separate deeds, one to . Coleman and the other to Downing, by particular description, a part of the said land under water now occupied, by the defendant, The National Sugar Refining Company, upon which land docks were subsequently erected. The said conveyances respectively “ reserving to the…
2Cases cited10 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Grafton v. . MoirNew York Court of Appeals · 1892
- Bridger v. . PiersonNew York Court of Appeals · 1871
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3Cited by4 opinions
- People v. American Sugar Refining Co.New York Supreme Court · 1917
- Henderson Estate Co. v. Carroll Electric Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Andrus v. National Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Johnston v. Long Island Investment & Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1903