Callanan v. Keenan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emily M. Keenan, as executrix, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Saratoga on the 3d day of January, 1916, upon a decision of the court after a trial at the Saratoga Special Term.
1Opinion of the Court
Kellogg, P. J.:
In July, 1908, the Barge canal had been surveyed and the contracts let along Wood creek, crossing the gravity railroad which connected the plaintiff’s quarry with the Delaware and Hudson railroad, the gravity road crossing Wood creek on a trestle. Plaintiff owned the right of way from Wood creek to the railroad, and had a lease of the Tub Mountain quarry and a right of way for the gravity road from the quarry to Wood creek. Wood creek was a natural highway, the title of which was in the State and the trestle crossing the creek was there by sufferance and not by right. The State…
2Cases cited3 opinions
- Champlain Stone & Sand Co. v. StateAppellate Division of the Supreme Court of the State of New York · 1911
- Champlain Stone and Sand Company v. . the St. of New YorkNew York Court of Appeals · 1912
- Hunt v. . HayNew York Court of Appeals · 1915