O'Brien v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York Central and Hudson Biver Bailroad Company and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Westchester on the 13th day of July, 1910, upon the decision of the court rendered after a trial at the Westchester Special Term.
1Opinion of the Court
Jenks, P. J.:
The judgment for the plaintiffs is for damages to their private easements of access. They assert these rights in that their property was laid out originally into lots upon certain *734streets on a map made by Kurth and filed in the register’s office of Westchester comity in 1854 and 1859 respectively, and in that their conveyances were made with reference to such map. Pursuant to law the Public Service Commission of the .second district have approved and have adopted a plan which required the defendant to eliminate certain grade crossings. This plan required the building of a solid…
2Cases cited14 opinions
- Rigney v. City of ChicagoIllinois Supreme Court · 1881
- City of Chicago v. Union Building Ass'nIllinois Supreme Court · 1882
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Heller v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1882
- Indiana, Bloomington & Western Railway Co. v. EberleIndiana Supreme Court · 1887
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3Cited by4 opinions
- Grigg Hanna Lumber & Box Co. v. State Highway CommissionerMichigan Supreme Court · 1940
- City of Corning v. HolmesNew York Supreme Court · 1916
- City of Corning v. O'NeilNew York Supreme Court · 1916
- Conklin v. StateNew York Court of Claims · 1968