City of Buffalo v. Hoffeld
Superior Court of Buffalo
The action is brought, as stated by plaintiff, to compel the removal of obstructions erected within the boundaries of a certain street- The determination whether the structures complained of, and admitted to exist, constitute an obstruction to the street, involves an inquiry into the legality of the street’s existence where the obstacles are. The testimony and the admitted facts establish one Reuben B Heacock as the common source of title through which both parties claim.
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The action is brought, as stated by plaintiff, to compel the removal of obstructions erected within the boundaries of a certain street- The determination whether the structures complained of, and admitted to exist, constitute an obstruction to the street, involves an inquiry into the legality of the street’s existence where the obstacles are. The testimony and the admitted facts establish one Reuben B Heacock as the common source of title through which both parties claim. Plaintiff claims title to the street by dedication and acceptance thereof by the public authorities, and also by eminent…
1Opinion of the CourtHatch, J.
'It is not essential to determine whether the city ever acquired any rights in this property by dedication, for whether it came by dedication or by eminent domain proceedings the character of the right obtained would be the same. The law as it existed at the time the street proceedings were instituted, as well as those taken to widen the proposed street, only authorized the acquiring of an easement therein, the fee thereto still remaining in the owner. Laws 1847, chap. 364, §2 ; Laws 1848, chap. 101, §1. These statutes make no mention of a fee, and are in all respects similar to the language…
2Cases cited6 opinions
- Walker v. . CaywoodNew York Court of Appeals · 1865
- Marble v. . WhitneyNew York Court of Appeals · 1863
- Beckwith v. . WhalenNew York Court of Appeals · 1877
- Satterly v. . WinneNew York Court of Appeals · 1886
- Marvin v. PardeeNew York Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Murphy v. King CountyWashington Supreme Court · 1907
- People ex rel. De Groat v. MarlettNew York Supreme Court · 1903
- People ex rel. Washburn v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1908
- Townsend v. BishopAppellate Division of the Supreme Court of the State of New York · 1901