Carpenter v. . the Oswego and Syracuse Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Ejectment for a strip of land, fifty feet long and thirty-eight feet wide, in the city of Oswego. Defence, that the land was part of a public street, and that the occupation of the defendant was by the permission of the municipal authorities. The trial was before a referee, whose general report was that the plaintiff had an estate in fee in the land, and that the defendant was wrongfully in the possession thereof.
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Appeal from the Supreme Court. Ejectment for a strip of land, fifty feet long and thirty-eight feet wide, in the city of Oswego. Defence, that the land was part of a public street, and that the occupation of the defendant was by the permission of the municipal authorities. The trial was before a referee, whose general report was that the plaintiff had an estate in fee in the land, and that the defendant was wrongfully in the possession thereof. In his finding of facts he stated that the defendant, in October, 1853, laid down a single railroad track across the plaintiff’s land, in the street…
1Opinion of the Court
DAVIES, J., discussed the question as to the validity of the proceedings instituted by the corporate authorities of Oswego to appropriate the land in question for a street, and arrived at the conclusion that they were defective and gave no title to the city or the public. As this point was not passed upon by the court, his remarks are omitted. The learned judge then proceeded:
The only remaining question for consideration is, whether the action of ejectment is the plaintiff's proper remedy. It is conceded that the defendants entered upon the premises in question and constructed and laid…
2Cases cited1 opinion
- Jackson v. MayNew York Supreme Court · 1819
3Cited by23 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Wager v. . Troy Union Railroad CompanyNew York Court of Appeals · 1862
- Teass v. City of St. AlbansWest Virginia Supreme Court · 1893
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
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