Jamaica & Brooklyn Plankroad Co. v. New York & Manhattan Beach Railway Co.
New York Supreme Court
Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. The plaintiff is a plankroad company organized under the general law.
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Appeal from a judgment in favor of the defendant, entered upon the trial of this action by the court without a jury. The plaintiff is a plankroad company organized under the general law. It is alleged in the complaint that for twenty-nine years it has been seized in fee and is the owner, and is in possession of a plankroad, and also a strip of land sixty-six feet in width; that the defendant is a railroad corporation, and that in 1877 it constructed its road across the plaintiff’s road and land without its leave and without making any compensation therefor, and that it has ever since…
1Concurrence
Lawrence, J.:
I concur in the foregoing opinion on the authority of the cases of The Ellicottville and Great Valley Plankroad Company v. Buffalo and P. R. R. Co. (20 Barb., 644), and Murdock v. Prospect Park and Coney Island Railroad Company (73 N. Y., 579), and cases cited in the latter case.
Present —Barnard, P. J., and Lawrence, J.
Judgment reversed and new trial granted, costs to abide event.
2Cases cited2 opinions
- Murdock v. Prospect Park & Coney Island RailroadNew York Court of Appeals · 1878
- Ellicottville & Great Valley Plank Road Co. v. Buffalo & Pittsburgh Rail RoadNew York Supreme Court · 1855