Scheer v. Long Island Railroad
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, William Seheer, from a judgment of the Supreme Court in favor of. thq defendant, entered in the office of the cleric of the county of Queens on the 17th day of February,. 1906, upon the report of a referee, dismissing the complaint upon the merits. The suit is to restrain continued trespasses by the defendant on real estate of the plaintiff.
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. Appeal by the plaintiff, William Seheer, from a judgment of the Supreme Court in favor of. thq defendant, entered in the office of the cleric of the county of Queens on the 17th day of February,. 1906, upon the report of a referee, dismissing the complaint upon the merits. The suit is to restrain continued trespasses by the defendant on real estate of the plaintiff. The Bockaway Bail way Company instituted condemnation proceedings in 1871 to acquire a strip 99 feet wide for its right of way, and the defendant, as its successor, claicqs through the said proceedings.
1Opinion of the Court
Gaynor, J.:
The plaintiff’s land is along the defendant’s railroad on both sides, the frontage thereon being about 350 feet. The land in dispute is two strips 19J feet wide in the right of way claimed by the defendant, which is a strip 99 feet wide, viz., one' on each side thereof, leaving a strip 60 feet wide in the middle. The plaintiff thus concedes to the defendant a strip 60 feet wide through the center of the said strip' of 99 feet, although the defendant’s predecessor acquired title to. the whole strip or else to none by the condemnation proceedings under which the defendant claims and…
2Cases cited8 opinions
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- Lent v. New York & Massachusetts Railway Co.New York Court of Appeals · 1892
- Jackson ex dem. Swartwout v. JohnsonNew York Supreme Court · 1825
- Heard v. . City of BrooklynNew York Court of Appeals · 1875
- Bedell v. . ShawNew York Court of Appeals · 1874
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3Cited by6 opinions
- Crouch v. StateAppellate Division of the Supreme Court of the State of New York · 1926
- Long Island R.R. Co. v. . MulryNew York Court of Appeals · 1914
- Schenectady Chemicals, Inc. v. De Luke Sand & Gravel Co., New York County Courts1967
- Long Island Railroad v. MulryAppellate Division of the Supreme Court of the State of New York · 1912
- Long Island Railroad v. MulryAppellate Division of the Supreme Court of the State of New York · 1912
1 more not listed; retrieve them via the Exa API.