Concklin v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Emily S. Concklin, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 17th day of January, 1911, upon the decision of the court rendered after a trial at the Dutchess County Special Term.
1Opinion of the Court
Hirschberg, J.:
This action is brought to enjoin the defendant from maintaining a fence across a right of way which the plaintiff claims to have acquired by prescription over the defendant’s railroad premises in the village of Amenia, Dutchess county. The facts are not disputed. One John B. Barker is the common source of title to all the property involved. In January, 1852, he conveyed a narrow strip of land, 1,568 feet long, running through his farm, to the New York and Harlem Eailroad Company. The deed of conveyance contained the following habendum clause: “To have and to hold the same to…
2Cases cited18 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Northern Pacific Railway Co. v. ElySupreme Court of the United States · 1905
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Vail v. . Long Island R.R. Co.New York Court of Appeals · 1887
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3Cited by25 opinions
- Midkiff v. Castle & Cooke, Inc.Hawaii Supreme Court · 1962
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
- Magnolia Petroleum Co. v. ThompsonCourt of Appeals for the Eighth Circuit · 1939
- Arkansas Improvement Co. v. Kansas City Southern Ry. Co.Supreme Court of Louisiana · 1938
- Rowell v. Gulf, M. O. R. Co.Supreme Court of Alabama · 1946
20 more not listed; retrieve them via the Exa API.