Falker v. New York
New York Supreme Court
Trial by the court. Joseph Falker brought this action against the hi. Y., West Shore & Buffalo By. Co., and others, to restrain the defendants from building or operating a railroad along Brown street, in the city of Syracuse, on which street the plaintiff owned three lots.
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Trial by the court. Joseph Falker brought this action against the hi. Y., West Shore & Buffalo By. Co., and others, to restrain the defendants from building or operating a railroad along Brown street, in the city of Syracuse, on which street the plaintiff owned three lots. The facts as found by the court were as follows: I. The plaintiff is, and for more than ten years has been, the owner in fee of the following described premises, viz.: “All that tract or parcel of land situate in the city of Syracuse, N. Y., known and distinguished as part of Lot 2, in Block No. 40, according to the map of…
1Opinion of the CourtMerwin, J.
—The defendants claim that the deeds to the plaintiff do not operate to vest in him the title in fee to any part of Brown street. This claim, I am inclined to think, is correct. Two of the plaintiff’s lots were conveyed to him in one deed, dated November 20, 1866, and the other by deed, dated December 3, 1872. Of the two lots in the earlier deed, the one first described, and on which are the main buildings, very definitely in its description excludes the street; about the other there is room for question. Three of the four sides abut on streets, and these three are first bounded in the…
2Cases cited5 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- Mahady v. . Bushwick Railroad Co.New York Court of Appeals · 1883
3Cited by5 opinions
- Caldwell & Ward Brass Co. v. StateNew York Court of Claims · 1936
- Celestial Realty Co. v. ChildsNew York Supreme Court · 1917
- Weinheimer v. RossNew York Supreme Court · 1913
- Moore v. N. Y. Elevated RailroadNew York Court of Common Pleas · 1893
- Pfohl v. International Railway Co.New York Supreme Court · 1912