Legal Opinion

Lehigh & Hudson River Railway Co. v. Village of Warwick

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

Decided October 16, 1914PublishedCited by 3 opinions

Appeal by the plaintiff, The Lehigh and Hudson River Railway Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 15th day of December, 1913, upon the decision of the court after a trial at the Orange Special Term.

1Opinion of the Court

Burr, J.:

In February, 1861, Samuel C. Welling conveyed to the Warwick Valley Railroad Company, the predecessor in title and interest of plaintiff, about three acres of land in the village of Warwick. It was bounded on the west by Main street, afterward called Oakland avenue, and on the south by a strip of *57land thirty feet in width, dedicated by said Welling as a public highway, and subsequently known as Railroad avenue. This land was conveyed “ solely for the use and purpose of constructing and maintaining thereon a Rail Road and a Depot, Engine house, turning table, wood sheds, and buildings…

2Cases cited15 opinions

  1. City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
  2. Weems Steamboat Co. of Baltimore v. People's Steamboat Co.Supreme Court of the United States · 1909
  3. City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
  4. Niagara Falls Suspension Bridge Co. v. BachmanNew York Court of Appeals · 1876
  5. Noyes v. WardSupreme Court of Connecticut · 1848

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3Cited by3 opinions

  1. Harrison v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1938
  2. Lynbrook Homes, Inc. v. FreyAppellate Division of the Supreme Court of the State of New York · 1926
  3. New York Central Railroad Co. v. ArtheliaNew York Supreme Court · 1947

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