Raynor v. Syracuse University
New York Supreme Court
This action is brought to compel the defendant to move one of its buildings, so far as it is erected, and to restrain it from erecting the same, upon the ground that said building encroaches upon Chestnut street or South Crouse avenue, which plaintiffs are entitled to have kept open and maintained as a public street or highway across defendant’s premises, and over the spot occupied by said building, and that the same interferes with the rights of plaintiffs in said alleged…
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This action is brought to compel the defendant to move one of its buildings, so far as it is erected, and to restrain it from erecting the same, upon the ground that said building encroaches upon Chestnut street or South Crouse avenue, which plaintiffs are entitled to have kept open and maintained as a public street or highway across defendant’s premises, and over the spot occupied by said building, and that the same interferes with the rights of plaintiffs in said alleged street. The facts appear in the opinion.
1Opinion of the CourtHiscock, J.
Three questions are presented in this case by the pleadings and proof. They are:
First. What rights were originally secured by the public or by the plaintiffs’ ancestor and source of title to have what was then known as Chestnut street (and now as South Crouse avenue) extended over defendant’s premises, and over and through the spot now occupied by its Hall of Sciences, which is the building and encroachment complained of herein?
Second. Have any rights originally secured by either the public or the plaintiffs’ ancestor been lost through abandonment, nonuser or otherwise?
Third. Does said…
2Cases cited15 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Wakeman v. . WilburNew York Court of Appeals · 1895
10 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- N.Y.C. H.R.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1910
- New York Central & Hudson River Railroad v. City of BuffaloNew York Court of Appeals · 1910
- City of Buffalo v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Tuten v. BowdenSupreme Court of South Carolina · 1934
- Paulson v. WeeksOregon Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.