Legal Opinion

Day v. New York Central Rail Road

New York Supreme Court

Decided May 14, 1860PublishedCited by 9 opinions

THIS was an appeal from an order made at a special term, denying a motion for a new trial; also an appeal from the judgment; the parties having agreed that both appeals might be heard together.

1Opinion of the Court

By the Court, Marvin, J.

The plaintiff claims that in May, 1855, he entered into an agreement with the defendant, by which he was to convey to the defendant a strip of land upon his premises, some 1774 feet in length and some 41 feet in width, and lying alongside of the rail road lands of the defendant ; that the plaintiff was to erect upon his own lands, adjoining the strip so to be conveyed, cattle yards, and pens for stock, swine, sheep, &c, that might be wanted to accommodate the shipping and transferring to and from the cars, the cattle &c., and to provide for feeding the stock, and would…

2Cases cited3 opinions

  1. Mumford v. WhitneyNew York Supreme Court · 1836
  2. Broadwell v. GetmanNew York Supreme Court · 1846
  3. Plimpton v. CurtissNew York Supreme Court · 1836

3Cited by9 opinions

  1. Miller v. . ClaryNew York Court of Appeals · 1913
  2. Uihlein v. . MatthewsNew York Court of Appeals · 1902
  3. Nicholson v. 300 Broadway Realty Corp.New York Court of Appeals · 1959
  4. Claim of Robinson v. Estate of HayesAppellate Division of the Supreme Court of the State of New York · 1924
  5. Winston Brick Manufacturing Co. v. HodginSupreme Court of North Carolina · 1925

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