Davenport v. New Jersey & New York Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal .by the .plaintiffs, Ada N. Davenport and others, from a-judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Rockland on the 24th day of September, 1898, upon the' decision of the court rendered after a. trial at the Rockland Trial Term before the court without a jury. ■
1Opinion of the Court
Per Curiam :*
This action is an ejectment to recover a tract of land on which the defendant’s railroad is built. In 1871 the Hackensack, -etc., Railroad Company, the defendant’s predecessor in title, entered into, possession of the tract and constructed its road under -an agreement made between it and Thomas Gotty, the plaintiffs’ predecessor in title and the then owner of the property, by which, in substance, the landowner agreed to convey and give a deed of the property and the railroad company agreed to erect and forever maintain fences along the line of the road. The exact form of this…
2Cases cited2 opinions
- Eggleston v. New York & Harlem Rail RoadNew York Supreme Court · 1859
- Helmke v. New Jersey & New York RailroadNew York Supreme Court · 1892