Eckerson v. Village of Haverstraw
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, J. Esler Eckerson and others, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Rockland on the 10th day of September, 1894, upon the decision of the court rendered after a trial at the Rockland Special Term dismissing the complaint upon the merits.
1Opinion of the Court
Willard Bartlett, J.:
The subject-matter of the controversy in this action is a strip of laud in the village of Haverstraw, known as Rockland street. The plaintiffs claim to be the owners of this strip. The defendants insist that it is a public highway, and have treated it as such, depositing material upon it for the purpose of filling it in at some points. The plaintiffs, alleging that such interference constitutes an invasion of their property rights, have brought this suit to restrain the village and its authorities from committing any further trespass of the same character.
In 1836, a…
2Cases cited4 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- Holdane v. . Trustees of the Village of Cold SpringNew York Court of Appeals · 1860
- De Puy v. . StrongNew York Court of Appeals · 1867
- Trustees of Jordan v. OtisNew York Supreme Court · 1862
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- In re HunterAppellate Division of the Supreme Court of the State of New York · 1900
- Java Lake Colony, Inc. v. Institute of Sisters of St. Joseph of DioceseAppellate Division of the Supreme Court of the State of New York · 1941
- Rudolph v. AckermanNew York Supreme Court · 1900