Brewer v. Moore
Appellate Division of the Supreme Court of the State of New York
Motion by the defendants, Frank J. Moore and another, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance after the rendition of a verdict in plaintiff’s favor by direction of the court upon a trial before the court and a jury at the Monroe Trial Term in April, 1917.
1Opinion of the Court
Foote, J.:
This, is an action in ejectment to recover the possession of two small parcels of land situate on the sand beach of Lake Ontario near and somewhat west of the point on the lake shore where the westerly line of Irondequoit bay produced north across the sand bar would strike the lake.
The trial court ruled as matter of law that plaintiff was the owner and entitled to recover the premises, and left to the jury only the question of the amount of plaintiff’s damages, which the jury fixed at $200. This ruling was based upon the decision of this court and the Court of Appeals in the case of…
2Cases cited4 opinions
- Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
- New York Central & Hudson River Railroad v. MooreAppellate Division of the Supreme Court of the State of New York · 1910
- New York Central and Hudson River Railroad Co. v. . MooreNew York Court of Appeals · 1911