Kings County Fire Ins. Co. v. . Stevens
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term.
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Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made September 11, 1883, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. This action was brought to restrain defendant from entering upon a strip of land to which plaintiff claimed title, and from tearing down fences or other structures erected thereon, which the complaint alleged defendant had done, and threatened to continue to do, under a claim of a right of way over the loom in quo. Under acts of the…
1Opinion of the CourtEnron, J.
Whether the turnpike company took a fee or an easement, and so, whether the absolute ownership remained in Hostrand as reversioner, or. passed to the city of Brooklyn by the conveyance of the company, need not be considered; for the plaintiff holds a deed both from ISTostrand and the city, and took the fee by one route or the other. Of course this statement implies that the city could, with the aid of the legislature, close the street without specific compensation to the defendant, and did do so effectually, as against her, so far as the loans in quo is concerned; and also that the street…
2Cases cited5 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Wheeler v. . ClarkNew York Court of Appeals · 1874
- Aikin v. . the Western Railroad CorporationNew York Court of Appeals · 1859
3Cited by36 opinions
- Reis v. . City of New YorkNew York Court of Appeals · 1907
- Holloway v. . SouthmaydNew York Court of Appeals · 1893
- Marietta Chair Co. v. HendersonSupreme Court of Georgia · 1904
- Dantzer v. Indianapolis Union Railway Co.Indiana Supreme Court · 1894
- Cram v. LaconiaSupreme Court of New Hampshire · 1901
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