Kennedy v. Mineola, Hempstead & Freeport Traction Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 19, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the Court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The question whether plaintiff owns to the center of the highway is open for review upon this appeal.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 19, 1902, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the Court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The question whether plaintiff owns to the center of the highway is open for review upon this appeal. (Muldoon v. Devine, 135 N. Y. 150 ; C. S. R. R. Co. v. T. T. S. R. R. Co., 149 N. Y. 51 ; Health Dept. v. Dassori, 159 N. Y. 245 ; Rogers v. Clement, 162…
1Opinion of the CourtMartin, J.
Practically the only question in this case
relates to the title to the land upon which the alleged trespass was committed. It is alleged in the complaint that the plaintiff is the owner in fee of certain property situated upon the east side of Greenwich street, describing it, and is the owner in fee of all the reversionary rights in and to so much of the street named as lies easterly of the center thereof, subject only to use by the public in passing over the same. This allegation is put in direct issue by the answer of the defendant, who also denies the allegation of the plaintiff to the…
2Cases cited22 opinions
- Trustees of Amherst College v. RitchNew York Court of Appeals · 1897
- Reed v. . McCordNew York Court of Appeals · 1899
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Marden v. . DorthyNew York Court of Appeals · 1899
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
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3Cited by4 opinions
- Miller v. New York & North Shore Railway Co.New York Court of Appeals · 1905
- In re MarshNew York Supreme Court · 1934
- In re Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1916
- Floral Park Mutual Fuel Co. v. FiskeNew York Supreme Court · 1926