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Scheer v. Long Island Railroad

200 N.Y. 558 Court N.Y. Decision date 1911-01-03 English

Judges Concur: Willard Bartlett, Hiscock, Chase and Collin, JJ. Haight and Werner, JJ., dissent from affirmance of so much of the judgment as is in favor of the plaintiff. Not sitting: Cullen, Ch. J.

Contents

Majority

p. 558
William Scheer, Appellant and Respondent, v. The Long Island Railroad Company, Respondent and Appellant.

Headnote

Scheer v. Long Island R. R. Co., 134 App. Div. 939 , affirmed.
(Argued December 5, 1910;
decided January 3, 1911.)
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 14, 1909, affirming a judgment partly in favor of plaintiff and partly in favor of defendant, entered upon the report of a referee in an action to restrain the defendant from trespassing upon certain land.
David B. Ogden, and Charles S. Noyes for plaintiff, appellant and respondent.
James W. Treadwell and Joseph F. Kearny for defendant, respondent and appellant.
p. 559
Judgment affirmed, without costs; no opinion.

Concur: Willard Bartlett, Hiscock, Chase and Collin, JJ. Haight and Werner, JJ., dissent from affirmance of so much of the judgment as is in favor of the plaintiff. Not sitting: Cullen, Ch. J.