Hier v. New York, West Shore & Buffalo Railway Co.
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought to restrain the defendant from obstructing a street in the city of Syracuse.
Read the full summary
Appeal from a judgment in favor of the plaintiff, entered upon the trial of this action by the court without a jury. The action was brought to restrain the defendant from obstructing a street in the city of Syracuse. The court found that in the year 1853 the State of New York caused its lands lying north of Church street and west of Salina street, in the city of Syracuse, in the Onondaga Salt Springs Reservation, to be mapped for sale by B. F. Green, then city surveyor and engineer, and said map to be filed in the office of the state engineer and surveyor, and a copy thereof in the clerk’s…
1Opinion of the Court
Boardman, J.:
The plaintiff is the owner of lots in block 8 facing on Olive street, situate between Wallace and Franklin streets. The defendant’s *313road crosses Olive street on an adjoining block P. B., between Franklin and Clinton streets, nowhere touching.the plaintiff’s premises. At the point of crossing Olive street, and opposite block P. B., the defendant by its depot obstructs Olive street. Such obstruction prevents the free use of Olivo street as a public highway opposite block P. B. Olive street for a considerable distance is a public street by dedication, acceptance and user.…
2Cases cited9 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Fearing v. . IrwinNew York Court of Appeals · 1874
- Ogden v. . JenningsNew York Court of Appeals · 1875
4 more not listed; retrieve them via the Exa API.