Mitchell v. Village of White Plains
New York Supreme Court
Appeal from judgment on report of referee. Action by Ann Minott Mitchell, as administratrix, against the village of White Plains. There was a judgment in favor of plaintiff, and defendant appeals.
1Opinion of the CourtBrown, P. J.
This action was commenced by Isabella H. Mitchell. In her complaint she alleged that she was the owner, and in possession, of about 10 acres of land in the town of White Plains, Westchester county, and that on September 9, 1894, the defendant unlawfully entered upon a strip of said land adjoining Mamaroneck avenue, which is described as being 50 feet in width and 450 feet long, broke down the fence, and dug a sewer thereon, and appropriated the same for highway and sewer purposes. Judgment was demanded for $5,000 damages. The answer put in issue the title to the *936land, but that question, upon…
2Cases cited7 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Shepard v. Manhattan Railway Co.New York Court of Appeals · 1889
- Pond v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1889
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3Cited by1 opinion
- Terwilliger v. Browning, King & Co.Appellate Division of the Supreme Court of the State of New York · 1920