People ex rel. Frost v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from an order of the Supreme Court, made at the Rings County Special Term and entered in the office of the clerk of the county of Westchester on the 20th day of April, 1901, granting the relator’s motion for a peremptory .writ of mandamus.
1Opinion of the Court
Jenks, J.:
The relator shows that he owns lands situate on either side of the tracks of the railroad corporation. His land on the west has frontage *495of wharves, piers, bulkheads and docks on the Hudson river. Before, and in 1848, the lands were used as a brickyard, and this use has continued. The railroad corporation (the predecessor of the present corporation, consolidated therewith pursuant to chapter 917, Laws of 1869), incorporated under chapter 216, Laws of 1846, condemned a strip of this land, and built thereon an embankment for its tracks, and so divided the land. Section 14 of said…
2Cases cited7 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- People Ex Rel. Kimball v. . B. and A.R.R. Co.New York Court of Appeals · 1877
- Jones v. . SeligmanNew York Court of Appeals · 1880
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3Cited by3 opinions
- Rox v. SweeneyNew York Supreme Court · 1928
- In re ElderAppellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Karl v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1911