Onthank v. Lake Shore & Michigan Southern Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, granting a new trial, plaintiff having been nonsuited on trial, and motion for a new trial having been ordered to be heard, at first instance, at General Term. (Reported below, 8 Hun, 13.) This action was brought to recover damages for an alleged trespass upon plaintiff’s lands. The facts appear sufficiently in the opinion.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, granting a new trial, plaintiff having been nonsuited on trial, and motion for a new trial having been ordered to be heard, at first instance, at General Term. (Reported below, 8 Hun, 13.) This action was brought to recover damages for an alleged trespass upon plaintiff’s lands. The facts appear sufficiently in the opinion. Defendant had a lawful right under the deed from plaintiff to do all the acts charged or proved against it. (Cromwell v. Selden, 3 N. Y., 253 ; Bash v. Empire, 5 id., 33 ;…
1Opinion of the CourtEarl, J.
In May, 1863, one Brown, whose farm adjoined that of the plaintiff, executed to the Buffalo and State Line Railroad Company a deed granting to it, and its successors and assigns forever, the right to enter upon his land “ for the purpose of building and maintaining a reservón1 for water, and laying down and maintaining an iron pipe or conductor to carry the water from said reservoir to the water-tanks at the Portland station, and also the right to build and maintain blind and covered ditches to conduct the water to the said reservoir ; the said iron pipe is to be laid at least two feet below…
2Cited by11 opinions
- Queensboro Farm Products, Inc. v. StateNew York Court of Claims · 1956
- Indianapolis & Vincennes Railroad v. ReynoldsIndiana Supreme Court · 1888
- Romanoff Equities, Inc. v. United StatesCourt of Appeals for the Federal Circuit · 2016
- Hines v. HamburgerAppellate Division of the Supreme Court of the State of New York · 1897
- Oneida County Mobile Home Sales, Inc. v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1978
6 more not listed; retrieve them via the Exa API.