Kerr v. West Shore Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order-made July 10, 1889, which affirmed a judgment in favor of" defendant entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order-made July 10, 1889, which affirmed a judgment in favor of" defendant entered upon a decision of the court on trial at Special Term. The defendant is the successor of the Hew York, West" Shore and Buffalo Railway Company, a corporation which, prior to the commencement of this action, had constructed a railroad along the west shore of the Hudson river, partly upon and partly in front of lands owned by the plaintiff. The plaintiff was the owner of a farm in the town of…
1Opinion of the CourtBrown, J.
The proceedings taken by the Hew York, West Shore & Buffalo Bailway Company to acquire a right of way across the lands now owned by the plaintiff were effectual to vest in the railway company whatever title plaintiff or his grantors had either in the upland or in the land under the waters of the river. It is not a valid objection to proceedings taken by a railroad company to acquire land for the purposes of its incorporation that it is under the waters of a navigable stream, and the titles which individuals may have acquired therein by grant from the state may be taken by the exercise of the…
2Cases cited8 opinions
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Gilman v. PhiladelphiaSupreme Court of the United States · 1866
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
- Bedlow v. New York Floating Dry Dock Co.New York Court of Appeals · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Illinois Central Railroad v. ChicagoSupreme Court of the United States · 1900
- Rumsey v. . N.Y. N.E.R.R. Co.New York Court of Appeals · 1891