Mark v. . Village of West Troy
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered March 2, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. In 1808 Elizabeth Bleecker was the owner of a farm of land where now the village of West Troy stands. Its easterly boundary was the Hudson river. She was also the owner, through a grant from the state, of some of the adjoining land under water.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered March 2, 1894, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. In 1808 Elizabeth Bleecker was the owner of a farm of land where now the village of West Troy stands. Its easterly boundary was the Hudson river. She was also the owner, through a grant from the state, of some of the adjoining land under water. In 1823, she and her husband conveyed to George Tibbits and others the farm with adjoining land under water, upon trust,…
1Opinion of the CourtGray, J.
In determining the scope and purpose of the dedication of Canal street, as a public street, we may refer to the acts and declarations of the donors and to those surround ing circumstances, which throw light upon the subject and, in that way, discover the intention. (Morgan v. R. R. Co., 96 N. Y. 723.) If we can gather the intention that that street should not extend eastwardly beyond its easterly terminus, as laid down on the Roberts map, then it must control. Undoubtedly, it is the general rule of law, that a public street leading to navigable waters would keep even pace with the extension…
2Cases cited1 opinion
- People v. LambierNew York Supreme Court · 1847
3Cited by4 opinions
- Nichols Copper Co. v. ConnollyAppellate Division of the Supreme Court of the State of New York · 1924
- Frater v. Baylen Street Wharf Co.Supreme Court of Florida · 1909
- State v. YatesSupreme Judicial Court of Maine · 1908
- Pan-Pacific Construction Co. v. MeadowsCalifornia Court of Appeal · 1927