Legal Opinion
Somerset Railroad v. Owasco River Railway, Inc.
New York Court of Appeals
Decided June 9, 1987PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
We agree with the Appellate Division, in view of the concessions of The Owasco River Railway (Owasco) and Supreme Court’s findings, that Owasco had not acquired fee simple ownership of the disputed parcel through a conveyance evidenced by a deed, through an order of condemnation or through adverse possession, but that it had acquired only a prescriptive easement for railroad purposes by virtue of its use of the subject land, which has since been abandoned by Owasco. This record is devoid of any…
2Cases cited3 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Corning v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1961
- O & W Lines, Inc. v. St. JohnNew York Court of Appeals · 1967
3Cited by4 opinions
- Mar Oil, S.A., Plaintiff-Appellee-Cross-Appellant v. Francis X. Morrissey, Jr., Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1993
- Mentiply v. FosterAppellate Division of the Supreme Court of the State of New York · 2022
- Weinstein Enterprises, Inc. v. CappellettiAppellate Division of the Supreme Court of the State of New York · 1995
- Townsend v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 1996