Legal Opinion
Fletcher v. Delaware, L. & W. R.
Court of Appeals for the Second Circuit
Decided July 29, 1935No. 458PublishedCited by 1 opinion
1Opinion of the Court
AUGUSTUS N. HAND, Circuit Judge.
The plaintiff brought suit (1) to recover past damages from the defendant railroad company because it had maintained tracks across plaintiff’s land 'and had unlawfully operated locomotives and cars thereon; and (2) to restrain the maintenance and operation of the railroad upon the land in the future. The answer admitted the ownership by plaintiff of the lands described in the complaint, but alleged that they were subject to an easement on the part of the defendant to maintain and operate its railroad across the same, and asked that it be adjudged that the…
2Cases cited25 opinions
- Burgess v. SeligmanSupreme Court of the United States · 1883
- Kuhn v. Fairmont Coal Co.Supreme Court of the United States · 1910
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- New York City v. PineSupreme Court of the United States · 1902
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
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3Cited by1 opinion
- Empie v. United StatesCourt of Appeals for the Fourth Circuit · 1942