Railroad Reports Volume 1

Railroad Reports Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...34.4; owners, Seymour & Co.; residence, -----; valuation, $20,000; signature, V. M. Seymour & Co." The railroad was constructed subsequent to the execution of this paper, and has been operated as alleged in the complaint. The court was requested to find the fact as to the execution of this paper, and the subsequent construction of the railroad in accordance with the proof, which was uncontradicted, but the request was refused and an exception duly taken. The principal question in the case arises upon the materiality of this exception. The plaintiffs insist that the paper was of no more effect than a parol license to do work on the land of the licensor would have been, and that it was revocable at the pleasure of the licensor, and that a revocation was eflected by the conveyance of the land, and by the C:: " " "I: M commencement of this action by the devisees of the:, ., _p r ' 0 ' former owner, James H. White. There is no finding or proof that the plaintiffs have any title to any portion of the street or square upon which their building fronts, but there is a'finding that they acquired with their title to the premises the right to have Chatham square kept open as a public street, " and to have a free and unobstructed right of way, access, and passage to and from said premises, and over and upon said street, together with all the use and benefit of the light and air coming in and upon said lot and premises through and from said street, free and unobstructed." I think the roof shows, without contradiction, that all the rights in the street they had were what has been termed property rights in the nature of easements of light, air, and access. Story's Case, 90 N. Y. 122, 7 Am. & Eng. R....show more

Product details

  • Paperback
  • 189 x 246 x 19mm | 649g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236812212
  • 9781236812216