Andrus v. National Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester county. Action by John E. Andrus against the National Sugar Refining Company and the New York Central .& Hudson River ^Railroad Compan)r to establish a right of way in plaintiff, and to .enjoin defendants from obstructing the same by means of a railroad siding and the use thereof. Judgment dismissing .the tcomplaint, -and plainírfi* OTlTlPíllc
1Opinion of the CourtJenks, J.
In 1851 the state, by letters patent, gave power and authority to Rich and Scrymser to erect any dock or docks that “shall be necessary to promote the commerce of the state” upon the land under water thereinafter described. In i860 the said patentees and Woodworth conveyed in form by two separate deeds, one to Coleman and the other to Downing, by particular description, a part of the said land under water now occupied by the defendant. The said conveyances, respectively, “reserved to the parties of the first part, their heirs and assigns forever,” a defined right of way over the premises…
2Cases cited13 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Chesapeake & Ohio Railway Co. v. MillerSupreme Court of the United States · 1885
- Atlantic Dock Co. v. . LeavittNew York Court of Appeals · 1873
- Grafton v. . MoirNew York Court of Appeals · 1892
- Bridger v. . PiersonNew York Court of Appeals · 1871
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