Legal Opinion

Atlantic Mills of Rhode Island v. New York Central Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1927PublishedCited by 7 opinions

1Opinion of the CourtCochrane, P. J.

Plaintiff seeks in this action an injunction against the defendant restraining it from using a railroad right of way over the property of the plaintiff and for damages because of such use. It is stipulated that such damages are $1,000 in case plaintiff obtains an injunction for the full relief demanded in the complaint.

In the year 1869 the Hudson Iron Company, being the owner of a considerable tract of land in the city of Hudson, 'conveyed a portion thereof in fee to the “ President, Managers and Company of the Delaware and Hudson Canal Company.” The portion thus conveyed was bounded on the…

2Cases cited4 opinions

  1. Snell v. . LevittNew York Court of Appeals · 1888
  2. Wilson v. . FordNew York Court of Appeals · 1913
  3. Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
  4. Yates v. . Van De BogertNew York Court of Appeals · 1874

3Cited by7 opinions

  1. Horton v. Niagara, Lockport & Ontario Power Co.Appellate Division of the Supreme Court of the State of New York · 1931
  2. Chain Locations of America, Inc. v. County of WestchesterNew York Supreme Court · 1959
  3. Strough v. ConleyNew York Supreme Court · 1937
  4. City of New Rochelle v. StateNew York Court of Claims · 1962
  5. Beach Land Amusement Co. v. Staten Island Rapid Transit RailwayNew York Supreme Court · 1956

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