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Home > Art, Film & Photography > Cases Decided in the Inferior Courts of Record of the State of New York Volume 42
Cases Decided in the Inferior Courts of Record of the State of New York Volume 42

Cases Decided in the Inferior Courts of Record of the State of New York Volume 42


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1904 Excerpt: ...the object in view, while lands taken for the purposes of a street or avenue are acquired in fee by the city." Matter of Lexington Avenue, supra, 305. That an easement only is acquired where lands are taken for highway or road purposes is an elementary proposition that has been insisted on in this State from its earliest organization to the most recent times. 3 Kent Comm. 432; Cortelyou v. Van Brandt, 2 Johns. 357; Jackson v. Hathaway, 15 id. 447; Gidney v. Earl, 12 Wend. 98; People v. Kerr, 27 N. Y. 196; Bloomfield Gas Light Co. v. Calkins, 62 id. 386; Deering v. Reilly, supra. "The appropriation of land for the use of a highway is for a specific purpose, and the public thereby acquire a mere right of passage, with the powers and privileges which are incident to such a right. The fee of the land still remains in the owner and he does not become divested of the title because the public have a free and unrestrained right to the use of the same." Bloomfield Gas Light Co. v. Calkins, supra, 388. In People v. Kerr, supra, the court say: "In the case of an ordinary highway, all which the state or public obtain by their dedication or opening, is said to be an easement of a limited character. All but this remains in the original owner or his assigns, with all its incidents, subject to no restrictions or adverse rights, except this right of passage by the public. Such is the rule which has been applied to all titles acquired by the legislative appropriation of property to public or quasi-puhlic uses. Such titles, although given in the broadest and most unqualified language, by statutes, are limited to what is needful to effectuate the Misc. Supreme Court, January, 1904. purpose, and the original owner is deprived of nothing more." Page 196....


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Product Details
  • ISBN-13: 9781235953033
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 280
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1235953033
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 503 gr


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