Van Cortlandt v. New York Central Railroad

The plaintiffs have sought by this action to obtain a judgment declaring the rigid and immovable railroad bridge of the defendant over the Croton river to be an unlawful obstruction and a public nuisance, and further directing its removal. The trial court dismissed the complaint on the ground that the Croton river was non-navigable and that, moreover, the plaintiffs were guilty of loches in failing to make any move or objection for a period of over forty years. The Appellate Division reversed many of the findings of fact and conclusions of law, made new findings, but failed to afford the…