Miller v. . Long Island Railroad Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial deportment, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Mem. of decision below, 9 Hun, 194.) The nature of the action and the facts are sufficiently set forth in the opinion. This action could only be maintained by proving actual possession, or such possession as the legal title draws to it.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial deportment, affirming a judgment in favor of plaintiffs, entered upon the report of a referee. (Mem. of decision below, 9 Hun, 194.) The nature of the action and the facts are sufficiently set forth in the opinion. This action could only be maintained by proving actual possession, or such possession as the legal title draws to it. (Gardner v. Hart, 1 N. Y., 528; Aiken v. Buck, 1 Wend., 466.) The lands being wild, uninclosed and uncultivated, there could be no actual possession, only such as the title drew to…
1Opinion of the CourtEarl, J.
This action was brought to recover damages caused to certain lands upon Long Islafid by a fire set by a passing engine upon defendant’s road. The fire swept over a large tract of land mostly uninclosed and unimproved, lying contiguous to the railroad. The land consisted of fifty-four different parcels claimed to have belonged to as many different owners, the plaintiffs, and others who, prior to the commencement of the action, assigned their claims to the plaintiffs. It is not contested here but that the defendant is responsible for the damage done by the lire. But during the progress of the…
2Cases cited3 opinions
- Munro v. . MerchantNew York Court of Appeals · 1863
- Gardner v. . HeartNew York Court of Appeals · 1848
- Machin v. GeortnerNew York Supreme Court · 1835
3Cited by46 opinions
- Steele v. . BenhamNew York Court of Appeals · 1881
- Thompson v. . BurhansNew York Court of Appeals · 1879
- Murphy v. DoyleSupreme Court of Minnesota · 1887
- Nicolay v. . UngerNew York Court of Appeals · 1880
- Arents v. . Long Island R.R. Co.New York Court of Appeals · 1898
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