Dexter v. Riverside & Oswego Mills
New York Supreme Court
Appeal from circuit court, Oswego county. Action by Edward Dexter against the Riverside & Oswego Mills, (o recover damages for an alleged trespass in digging a ditch in front of plaintiff’s premises. On September 10, 1877, the Oswego Falls Manufacturing Company was the owner of the fee of the street known as “Broadway,” and of the lands on each side of the same between the river and Granby lake, in the village of Oswego Falls.
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Appeal from circuit court, Oswego county. Action by Edward Dexter against the Riverside & Oswego Mills, (o recover damages for an alleged trespass in digging a ditch in front of plaintiff’s premises. On September 10, 1877, the Oswego Falls Manufacturing Company was the owner of the fee of the street known as “Broadway,” and of the lands on each side of the same between the river and Granby lake, in the village of Oswego Falls. On that day it sold and conveyed to E. M. Baker a part of lot No. 1, on block 163, being 50 feet front on Broadway, and described as follows: “Beginning at a point on…
1Opinion of the CourtMartin, J.
A material, and, perhaps, the most important, question in this ease is whether the plaintiff’s title extended to the center of the street, or whether it only extended to the southern boundary thereof. The plaintiff’s-contention is that the center of the street is the boundary of his lot, and hence, that he had title to the lands upon which the defendant made the excavation complained of. On the other hand, the defendant claims that the plaintiff’s lot extended only to the southerly line of the street, and that it acquired title to the whole of the street by its deed from the Oswego Falls…
2Cases cited10 opinions
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Mott v. . MottNew York Court of Appeals · 1877
- Kings County Fire Ins. Co. v. . StevensNew York Court of Appeals · 1882
- Matter of LadueNew York Court of Appeals · 1890
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3Cited by2 opinions
- Alper v. Western Motels, Inc.Nevada Supreme Court · 1968
- Holm v. MontgomeryWashington Supreme Court · 1911