Legal Opinion

Auburn & Syracuse Electric Railroad v. Jaeckel

New York Supreme Court

Decided April 15, 1922Published

Action to restrain the defendant permanently from maintaining and continuing a building on land to the possession of which the plaintiff claims it is alone entitled and from selling refreshments and other merchandise in said building.

1Opinion of the CourtStephens, J.

The plaintiff is the owner and in possession of a parcel of land bordering on Owasco lake near the city of Auburn, containing upwards of thirty-two acres which it maintains as a pleasure ground. It has built a pavilion and other structures constituting the usual equipment of a summer playground, laid out lawns, walks and drives, and embellished the park with trees, shrubs and flowers, with the purpose of attracting to its property those seeking recreation. It has extended its street railway lines in the city of Auburn to the park it has thus created for the purpose of transporting visitors…

2Cases cited6 opinions

  1. Blackman v. . StrikerNew York Court of Appeals · 1894
  2. Johnson v. MayAppellate Division of the Supreme Court of the State of New York · 1919
  3. Clark v. DurlandAppellate Division of the Supreme Court of the State of New York · 1898
  4. Tiffany v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1920
  5. Mason v. ThwingAppellate Division of the Supreme Court of the State of New York · 1904

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