Niagara Falls Suspension Bridge Co. v. Bachman
New York Supreme Court
This action was "brought to recover damages for acts of trespass alleged to have been committed upon lands of the plaintiff, in the village of Niagara Falls. It was originally commenced in a court of a justice of the peace, and discontinued there on plea of title, and an undertaking given as prescribed by statute, and was thereupon brought in this court for the same cause, by deposit of a summons and complaint with the justice, of which the defendant duly admitted service.
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This action was "brought to recover damages for acts of trespass alleged to have been committed upon lands of the plaintiff, in the village of Niagara Falls. It was originally commenced in a court of a justice of the peace, and discontinued there on plea of title, and an undertaking given as prescribed by statute, and was thereupon brought in this court for the same cause, by deposit of a summons and complaint with the justice, of which the defendant duly admitted service. On the return of process before the justice, and before answer, the defendant made an offer in writing to allow judgment…
1Opinion of the Court
By the Court
Johnson, J.
The plaintiffs took title to the locus in quo, expressly subject to the rights of the public, to and in certain streets which pass through the same, as laid down on the map of the village, made for the proprietors by Jesse P. Haines in 1836, and filed in the office of the clerk of Niagara county.
The acts complained of were within the boundaries of Niagara street, as laid down on said map. By making and filing this map and selling lots in reference to it, the proprietors from whom the plaintiffs derive title had clearly dedicated the whole of Niagara street, as there…
2Cases cited3 opinions
- Cook v. . NellisNew York Court of Appeals · 1858
- Higgins v. . ReynoldsNew York Court of Appeals · 1865
- Pugsley v. . KisselburghNew York Court of Appeals · 1853
3Cited by5 opinions
- Robert v. . SadlerNew York Court of Appeals · 1887
- Platt v. Village of OneontaAppellate Division of the Supreme Court of the State of New York · 1903
- Informal Opinion No., New York Attorney General Reports1988
- Platt v. Village of OneontaAppellate Division of the Supreme Court of the State of New York · 1903
- Robert v. SadlerNew York Supreme Court · 1885