Legal Opinion

Farmers' Loan & Trust Co. v. New York Elevated Railroad

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

Decided May 17, 1912Published

Appeal by the defendants, The New York Elevated Railroad Company and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 15th day of March, 1909, upon the decision of the court rendered after a trial at the New York Special Term.

1Opinion of the Court

Scott, J.:

This is the usual abutter’s action against an elevated railroad company, with the usual judgment for fee and rental damages. The action was not begun until more than twenty years after the construction and the commencement of the operation of the railroad, and the defense principally relied upon is that, by virtue ■ of the lapse of time, the defendants have acquired a prescriptive title to the' easements for the destruction of which damages are claimed!. This plea would seem to be a conclusive answer to plaintiffs’ claim under the principles laid down in Lewis v. N. Y. & Harlem R.…

2Cases cited4 opinions

  1. Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
  2. Koehler v. New York Elevated RailroadNew York Court of Appeals · 1899
  3. Shaw v. New York Elevated RailroadNew York Court of Appeals · 1907
  4. Koehler v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1896

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