City of Buffalo v. Delaware, Lackawanna & Western Railroad
New York Court of Appeals
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
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- People v. LambierNew York Supreme Court · 1847
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Christopher & Tenth Street Railroad v. Twenty-third Street Railway Co.New York Court of Appeals · 1896
9 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Ward v. City Trust Co. of New YorkNew York Court of Appeals · 1908
- Elterman v. . HymanNew York Court of Appeals · 1908
- Stokes v. . StokesNew York Court of Appeals · 1910
- Kirkland v. City of TampaSupreme Court of Florida · 1918
- Whalen v. . StuartNew York Court of Appeals · 1909
20 more not listed; retrieve them via the Exa API.