Deverell v. Bauer
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Elizabeth Deverell, from a judgment of the County Court of Monroe county in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 23d day of April, 1894, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of April, 1894, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Elizabeth Deverell, from a judgment of the County Court of Monroe county in favor of the defendants, entered in the office of the clerk of the county of Monroe on the 23d day of April, 1894, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 12th day of April, 1894, denying the plaintiff’s motion for a new trial made upon the minutes. This action was commenced in the County Court of Monroe county in October, 1S92, and was brought to recover damages for an alleged trespass upon the plaintiff’s premises in the city of Rochester, and…
1Opinion of the Court
Adams, J.:
The plaintiff’s title extended to the center of Genesee street, and it follows, therefore, that she was the owner of one-half of the stone taken from the sewer trench in front of her premises. (Higgins v. Reynolds, 31 N. Y. 151; Robert v. Sadler, 104 id. 229; Fisher v. City of Rochester, 6 Lans. 225.) This is a proposition which has thus far encountered no opposition from any source, and the learned counsel for the respondents does not now contend that there is anything in the case which will justify the conclusion that the plaintiff has been divested of her title to the stone. With…
2Cases cited2 opinions
- Higgins v. . ReynoldsNew York Court of Appeals · 1865
- Fisher v. City of RochesterNew York Supreme Court · 1872
3Cited by4 opinions
- Radway v. DuffyAppellate Division of the Supreme Court of the State of New York · 1903
- Platt v. Village of OneontaAppellate Division of the Supreme Court of the State of New York · 1903
- Cornblatt v. RubensteinMassachusetts District Court, Appellate Division · 1937
- Platt v. Village of OneontaAppellate Division of the Supreme Court of the State of New York · 1903