Bolster v. Ithaca Street Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Lucy Bolster, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 21st day of December, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Tompkins Trial Term, and also from an order entered in said clerk’s office on" the 21st day of December, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Lucy Bolster, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Tompkins on the 21st day of December, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Tompkins Trial Term, and also from an order entered in said clerk’s office on" the 21st day of December, 1901, denying the plaintiff’s motion for a new trial made upon the minutes. Plaintiff was driving upon a street called South avenue in the city of Ithaca. Her cutter was overturned by the tracks of the…
1Opinion of the Court
Smith, J.:
The trial court properly held that the plaintiff had failed to prove that South avenue, at the place where this accident happened, was *240a public street. The location was upon the campus of Cornell University. This campus is the private property of the university. While there is some evidence to the effect that this street had been used' by the public for at least twenty-five years, the land has been owned by Cornell University for a longer period, and the streets upon the grounds of the campus were under the exclusive care and control of the university. There was no such use of the…
2Cases cited2 opinions
- Clancy v. . ByrneNew York Court of Appeals · 1874
- Mason v. Tower Hill Co.New York Supreme Court · 1895
3Cited by4 opinions
- Shapiro v. Syracuse Univ.Appellate Division of the Supreme Court of the State of New York · 2022
- Druger v. Syracuse Univ.Appellate Division of the Supreme Court of the State of New York · 2022
- Ricotta v. City of BuffaloNew York Supreme Court · 1954
- Breen v. GillAppellate Division of the Supreme Court of the State of New York · 1908