In re New York, Westchester & Boston Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Selina Weeks, from part of an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 26th day of February, 1913.
1Opinion of the Court
Per Curlam:
Mrs. Weeks’ action to enjoin the petitioner from erecting an embankment in Cedar street and so cutting off access to her lots, failed originally because Cedar street was not found to be a public street. Her complaint was, therefore, dismissed. This Appellate Division affirmed the dismissal, holding that she should have amended, as the pleadings were inconsistent with a recovery for rights or easements in a private street (Weeks v. New York, Westchester & Boston R. Co., 145 App. Div. 535).
The railroad company then took condemnation proceedings as to the rights of Mrs. Weeks, first…
2Cases cited2 opinions
- Weeks v. New York, Westchester & Boston Railway Co.New York Court of Appeals · 1912
- Weeks v. New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1911