Legal Opinion

City of Buffalo v. Delaware, Lackawanna & Western Railroad

New York Court of Appeals

Decided November 19, 1907PublishedCited by 25 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court hi the fourth judicial department, entered July 20, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The object of this action was to secure a judicial determination that a portion of the river front in the city of Buffalo is a public street and to compel the defendant to remove certain obstructions therefrom.

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Appeal from a judgment of the Appellate Division of the Supreme Court hi the fourth judicial department, entered July 20, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court on trial at Special Term. The object of this action was to secure a judicial determination that a portion of the river front in the city of Buffalo is a public street and to compel the defendant to remove certain obstructions therefrom. The main issue raised by the answer was whether the locus in quo, called Front street, was a public street when the action was…

1Opinion of the CourtVann, J.

The trial court rendered judgment against the plaintiff on the theory that, although- Front street became a public highway as early as 1826 through tender of dedication by the owners and acceptance by the municipal authorities, still it had ceased to be a public highway because it had not been traveled or used as such for a period of more than six years prior to the commencement of the action. While facts were found which sustain the conclusion of law that Front street became a public highway through offer and acceptance, no finding of fact, classified as such, was made that the street had…

2Cases cited14 opinions

  1. City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
  2. Driggs v. . PhillipsNew York Court of Appeals · 1886
  3. People v. LambierNew York Supreme Court · 1847
  4. In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
  5. Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896

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3Cited by25 opinions

  1. Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
  2. Elterman v. . HymanNew York Court of Appeals · 1908
  3. Stokes v. . StokesNew York Court of Appeals · 1910
  4. Kirkland v. City of TampaSupreme Court of Florida · 1918
  5. Whalen v. . StuartNew York Court of Appeals · 1909

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