Moenig v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frank C. Moenig, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 25th day of February, 1918, upon the decision of the court after a trial at the Westchester Special Term.
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Appeal by the plaintiff, Frank C. Moenig, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 25th day of February, 1918, upon the decision of the court after a trial at the Westchester Special Term. The plaintiff brought this action in equity, asking the court to adjudge that as the owner of certain premises described in the complaint he is entitled, as against the defendants, to riparian rights in and over the land now or formerly covered by the waters of the Hudson river in front of his premises, and that…
1Opinion of the Court
Blackmar, J.:
At the time of the original location of the right of way of the Hudson River Railroad Company in 1847, Abraham Becker and David Jacobus, predecessors in title to the plaintiff, owned certain uplands adjacent to the Hudson river at Tarrytown, to which riparian rights were appurtenant. The railroad right of way was located in front of said premises two or three hundred feet outside of high-water mark, and was eighty-two and one-half feet in width. The title to the land under water over which the right of way was located was in the People of the State of New York, and the location…
2Cases cited9 opinions
- Matter of City of BuffaloNew York Court of Appeals · 1912
- N.Y.C. H.R.R.R. Co. v. . AldridgeNew York Court of Appeals · 1892
- House v. . McCormickNew York Court of Appeals · 1874
- Rumsey v. . N.Y. N.E.R.R. Co.New York Court of Appeals · 1889
- People Ex Rel. Banks v. . ColgateNew York Court of Appeals · 1876
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3Cited by5 opinions
- Nevins v. FriedauerAppellate Division of the Supreme Court of the State of New York · 1921
- Baldicini v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Cushman v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Duffy v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Willsea v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919