Legal Opinion
Broiestedt v. . South Side R.R. Co. of L.I.
New York Court of Appeals
Decided December 9, 1873PublishedCited by 20 opinions
1Opinion of the Court
The injunction restrained the defendant from using the street for its tracks and running its trains over them, north of the center of the street, to which the plaintiff's title extended. The defendant makes two points:
1. That the deed to the plaintiff was void, because its possession was adverse at the time. This is not tenable; the possession was not adverse but was under license, by act of the legislature, which only extended to the rights of the public. The entry under this license is presumed to have been in subordination to the rights of the owner, and there is no evidence against this…
2Cases cited1 opinion
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
3Cited by20 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
- A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892
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