Long Island R.R. Co. v. . Mulry
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 16, 1912, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 16, 1912, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The testimony shows not only title by prescription in plaintiff, but also that plaintiff was in possession at the time of bringing suit and at the time of trial. (Wiechers v. McCormick, 122 App. Div. 860; Doherty v. Matsell, 119 N. Y. 646; Roberts v.…
1Opinion of the Court
Willard Bartlett, Ch. J.
This is an equity suit to enjoin continued trespasses upon the plaintiff’s right of way. In the , condemnation proceedings by which the premises in question were acquired, there was an omission to make all the owners parties; but judgment of condemnation was duly obtained against the owners of five-eighths of the undivided shares therein and the amounts awarded were paid to them and accepted by them. These condemnation proceedings were conducted by the Par Rockaway Branch Railroad Company, the plaintiff’s predecessor in title. The final order of confirmation was…
2Cases cited4 opinions
- Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Bedell v. . ShawNew York Court of Appeals · 1874
- Scheer v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1908
- Scheer v. . Long Island Railroad CompanyNew York Court of Appeals · 1911
3Cited by3 opinions
- Crouch v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- People v. HelinskiAppellate Division of the Supreme Court of the State of New York · 1995
- Schenectady Chemicals, Inc. v. De Luke Sand & Gravel Co., New York County Courts1967