Legal Opinion

Geddes Coarse Salt Co. v. Niagara, Lockport & Ontario Power Co.

New York Court of Appeals

Decided March 11, 1913PublishedCited by 14 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff must recover, if at all, solely upon the strength of its record title.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 20, 1911, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff must recover, if at all, solely upon the strength of its record title. (Jarvis v. Lynch, 157 N. Y. 445; Jackson v. Harrington, 9 Cow. 86.) There is no presumption from the facts in this case that the grant from the state to the plaintiff carries even to the center of the…

1Opinion of the CourtHiscock, J.

This action was brought as one of ejectment to compel the appellant to remove wires used for conducting high power electric currents and strung above the boundaries of a highway, as shown upon a map which will be referred to. The facts which define the controversy are as follows:

In 1902 the state issued to the respondent letters patent whereby it granted and conveyed to it certain lands theretofore constituting part of the Onondaga Salt Springs Reservation and amongst which was one parcel, alone involved in this action, described as “ Subdivision No. 17 (of Farm Lots 45 and 46) containing 13…

2Cases cited7 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. Haberman v. . BakerNew York Court of Appeals · 1891
  3. Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
  4. Johnson v. . GrenellNew York Court of Appeals · 1907
  5. Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904

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3Cited by14 opinions

  1. Fiebelkorn v. RogackiAppellate Division of the Supreme Court of the State of New York · 1952
  2. City of Albany v. StateNew York Court of Appeals · 1971
  3. Anderson-Prichard Oil Corp. v. Keyokla Oil Co.Supreme Court of Oklahoma · 1931
  4. Borducci v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1988
  5. Faulks v. SchriderCourt of Appeals for the D.C. Circuit · 1938

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