Legal Opinion

Fonda, Johnstown & Gloversville Railroad v. Olmstead

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1903PublishedCited by 1 opinion

Appeal by the defendant, John Wright Olmstead, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Fulton on the 15th day of August, 1902, upon the decision of ■ the court rendered after a trial at the Fulton Trial Term without a jury, granting plaintiff damages and restraining defendant from interfering with certain fences, etc., in Saeandaera Park.

1Opinion of the Court

Kellogg, J.:

The Sacandaga Park appears to be a summer resort near the northern terminus of the plaintiff’s railroad, lying on both, sides of the railroad and on the westerly bank of the Sacandaga river. . A -highway leading out of Northville also runs through it. The park is laid out into streets and driveways and building lots for cottages, •and possesses the usual attractions to excursionists in the .way of amusements.

The defendant owns a lot known as the Wilson lot within the park bounds. The lot fronts on Riverside terrace or Sacandaga street, and extends easterly to the river; on the…

2Cited by1 opinion

  1. Deyo v. City of NewburghAppellate Division of the Supreme Court of the State of New York · 1910

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