Dolan v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The New York and Harlem Railroad'. Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the* county of New York on the 7th day of May, 1901, upon the decision of the court rendered after a trial at the New York Special Term. The premises of the plaintiffs in this action are located on Park avenue, the fee of which street has been acquired by the city of." New York.
1Opinion of the Court
Hatch, J.:
The action is an attempt by abutting owners to enforce what they have from time to time been permitted to think were their legal rights in the public thoroughfare upon which their property fronted. Since the decision, however, in the case of Fries v. N. Y. & H. R. R. Co. (169 N. Y. 270), and the former decision of Lewis v. N. Y. & H. R. R. Co. (162 id. 202), it is quite difficult to understand just what the rule of law is which we are required to apply in the disposition of this case. I understand that the Court of Appeals in the first of these cases have denied the legal right of…
2Cases cited8 opinions
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
- Dodge v. . CorneliusNew York Court of Appeals · 1901
- Ingersoll v. . Nassau Electric R.R. Co.New York Court of Appeals · 1899
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3Cited by3 opinions
- Pape v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- McCarthy v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Pape v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1902