Legal Opinion

Durkee v. Saratoga & Washington Rail Road

New York Supreme Court

Decided December 15, 1849PublishedCited by 4 opinions

This is a demurrer to a complaint. The complaint alleges that at and before the committing of the grievances in the complaint mentioned, the plaintiff was seized and possessed, in fee, of a certain lot and a store thereon, in the village of Fort Edward, in the county of Washington, in which store they carried on the general business of country merchants—that the defendants were, at the same .time, possessed of certain lands near to and adjoining the said store and lot of the…

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This is a demurrer to a complaint. The complaint alleges that at and before the committing of the grievances in the complaint mentioned, the plaintiff was seized and possessed, in fee, of a certain lot and a store thereon, in the village of Fort Edward, in the county of Washington, in which store they carried on the general business of country merchants—that the defendants were, at the same .time, possessed of certain lands near to and adjoining the said store and lot of the plaintiffs, for the use and occupation of the Saratoga and Washington rail road, and while so possessed, wrongfully and…

1Opinion of the Court

Willard, Justice.

The plaintiffs have united in the same complaint three substantive grounds of injury, viz.: one for the building an embankment on the defendants’ own land, one for building an embankment on the highway near the plaintiffs’ store, and a third for erecting an embankment on the plaintiffs’ land. These injuries are not separately stated but blended together, and the defendants have demurred for that cause. *228By section. 142 of the code, the complaint is required to contain a statement of the facts constituting a cause of action, in ordinary and concise language, without repetition,…

2Cases cited2 opinions

  1. Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
  2. Wilson v. SmithNew York Supreme Court · 1833

3Cited by4 opinions

  1. Spear v. DowningNew York Supreme Court · 1861
  2. Lowber v. KellyThe Superior Court of New York City · 1862
  3. Gunn v. FellowsNew York Supreme Court · 1886
  4. Johnson v. Wetmore & ChamplinNew York Supreme Court · 1851

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