Ogden v. Jennings
New York Supreme Court
EXCEPTIONS ordered to be heard in the first instance at the General Term after verdict for the defendants. The action was trespass, and the case was this: In the year 1839 one Jennings was the owner of certain premises along a highway.
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EXCEPTIONS ordered to be heard in the first instance at the General Term after verdict for the defendants. The action was trespass, and the case was this: In the year 1839 one Jennings was the owner of certain premises along a highway. A school-house stood upon the highway and upon said premises, and Jennings’ fence began to diverge from the highway at a point forty-five rods from the school-house, and continued so to diverge until it ran behind the school-house leaving a strip of land unfenced upon the highway side, between the highway and the fence, and extending up to the school-house. In…
1Opinion of the CourtP. Potter, J.
The jury having found a general verdict for the defendants, if either of the propositions submitted is incorrect there must be a new trial.
As it appears to me, that there must be a new trial in this case for certain errors occurring on the trial, it may be proper as a guide to the parties on such new trial to give our views upon certain points that must of necessity then arise. And first, as to the rule of construction of the terms of the grant to the school district, in the deed from Jennings. This relates more especially to the extent of the grant; that is, What does it convey ? Its…
2Cases cited2 opinions
- Huttemeier v. . AlbroNew York Court of Appeals · 1858
- Thayer v. WrightNew York Supreme Court · 1847
3Cited by3 opinions
- Shoemaker v. ShoemakerNew York Supreme Court · 1882
- Mount Union College v. MistelskiStark County Court of Common Pleas · 1917
- Prime v. Twenty-Third Street RailroadThe Superior Court of New York City · 1876