Saunders v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so. far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made July 28, 1893, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so. far as material, are stated in the opinion. The plaintiffs’ alleged title to parcel F was not established on the trial, nor did the plaintiffs show any right, title or interest in or to the said parcel F, which entitled them to the relief had by the judg* ment. (People ex rel. v. Comrs., etc., 135 N. Y.…
1Opinion of the CourtO’Brien, J.
The plaintiffs are the owners of certain uplands on the easterly shore of the Hudson river at Yonkers, and they brought this action to enjoin and restrain the defendant from maintaining or operating its railroad over or upon a parcel of land sixty feet in width and about one hundred feet in length, situated below the original high-water mark and in front of their uplands. The courts below have sustained the action upon the ground that the plaintiffs have the title to the disputed parcel, and that the possession and use of the same by the defendant is wrongful. The important questions of law…
2Cases cited7 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Illinois Central Railroad v. IllinoisSupreme Court of the United States · 1892
- Langdon v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
- Mulry v. . NortonNew York Court of Appeals · 1885
- Steers v. . City of BrooklynNew York Court of Appeals · 1885
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3Cited by16 opinions
- Michaelson v. Silver Beach Improvement Ass'n, Inc.Massachusetts Supreme Judicial Court · 1961
- Hedges v. . West Shore R.R. Co.New York Court of Appeals · 1896
- Department of Finance v. GoldIllinois Supreme Court · 1938
- Town of Hempstead v. Oceanside Yacht Harbor, Inc.Appellate Division of the Supreme Court of the State of New York · 1972
- James River & Kanawha Power Co v. Old Dominion Iron & Steel Corp.Supreme Court of Virginia · 1924
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