Legal Opinion

Barnes v. Midland Railroad Terminal Co.

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1911PublishedCited by 1 opinion

Appeal by the defendant, the Midland Railroad Terminal Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Richmond on the 20th day of March, 1911, upon the report of a referee appointed to hear, try and determine the issues.

1Per curiam

The plaintiffs bring this action for injunctive relief and for damages alleged to have been sustained through the unlawful acts ,of the defendant in obstructing travel over lands between high and low-water lines on Staten Island, at a point near Midland beach. The action was originally tried before a referee, resulting in cross-appeals from the interlocutory judgment. The Appellate Division sustained the interlocutory judgment in full, but certified a question of law to the Court *90of Appeals, which reversed the judgment, holding. that the public had a right of passage over the land between…

2Cases cited2 opinions

  1. Barnes v. . Midland R.R. Terminal Co.New York Court of Appeals · 1908
  2. Barnes v. Midland Railroad Terminal Co.Appellate Division of the Supreme Court of the State of New York · 1908

3Cited by1 opinion

  1. Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916

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