Paige v. Schenectady Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Janet Franchot Paige, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Schenectady on the 17th day of July, 1902, vacating a temporary injunction restraining the defendant from operating its electric street railway on Washington avenue in the city of Schenectady in front of the premises owned by the plaintiff.
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Appeal by the plaintiff, Janet Franchot Paige, from an order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Schenectady on the 17th day of July, 1902, vacating a temporary injunction restraining the defendant from operating its electric street railway on Washington avenue in the city of Schenectady in front of the premises owned by the plaintiff. The plaintiff’s premises are situated at the southeast corner of Washington avenue and Front Street in the city of Schenectady. Her title to the premises is derived under a patent dated…
1Per curiam
We have reached the conclusion in this case that the plaintiff must be deemed the owner of the fee to the center of Washington avenue. The claim by the defendant that the original patent under which the plaintiff claims bounded her premises on the west by such street, and that, therefore, being from the sovereign, it operated to convey only to the east line of such street, is not, in our opinion, a correct exposition of the law applicable to her case. The circumstances under which such patent was issued are quite different from those controlling the case of Graham v. Stern (168 N. Y. 517).…
2Cases cited4 opinions
- Peck v. Schenectady Railway Co.New York Court of Appeals · 1902
- Graham v. . SternNew York Court of Appeals · 1901
- Cheney v. Syracuse, Ontario & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Peck v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
3Cited by11 opinions
- City of Albany v. StateNew York Court of Appeals · 1971
- Swaim v. City of IndianapolisIndiana Supreme Court · 1930
- Gere v. McChesneyAppellate Division of the Supreme Court of the State of New York · 1903
- Gray v. York State Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Beattie v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
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