Avery v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of Buffalo, entered upon an order made May 9, 1885, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are stated ■ in the opinion.
1Opinion of the CourtPeckham, J.
The plaintiff is lessee of certain premises in Buffalo, .which were originally divided from premises of defendant’s by a strip of land thirty feet wide and running from east to west 210 feet, and thence north about 100 feet. All of the property once belonged to one James Wadsworth, who, in 1811, granted and conveyed a portion of it to defendant’s predecessor for the purpose of a passenger and freight depot, and for no other purpose, and described this above mentioned strip of land thirty feet wide as thereby dedicated for the purpose of a public street.
Some question was made upon the trial as…
2Cases cited2 opinions
- Stanley v. ColtSupreme Court of the United States · 1867
- Countryman v. DeckNew York Supreme Court · 1883
3Cited by14 opinions
- Post v. . WeilNew York Court of Appeals · 1889
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- 165 Broadway Building, Inc. v. City Investing Co.Court of Appeals for the Second Circuit · 1941
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