Geneva & Waterloo Railway Co. v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff:, the Geneva and Waterloo Railway Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Seneca on the 26th day of February, 1897, dismissing the proceeding, with costs, upon the report of a referee which separately stated the facts found and the conclusions of law. • This proceeding was begun January 18, 1895, to have determined the mode in which the plaintiff’s street railroad…
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Appeal by the plaintiff:, the Geneva and Waterloo Railway Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Seneca on the 26th day of February, 1897, dismissing the proceeding, with costs, upon the report of a referee which separately stated the facts found and the conclusions of law. • This proceeding was begun January 18, 1895, to have determined the mode in which the plaintiff’s street railroad should cross the defendant’s steam railroad in the town of Waterloo, New York, ■and the amount of compensation to be made…
1Opinion of the Court
Follett, J. :
The plaintiff’s road has been constructed and is in operation between the termini mentioned in the preceding statement of facts, running its cars over defendant’s.tracks. It appears by a report of this case in 90 Hun, 9, and 152 New York, 632, that March 20,1895, an order was entered denying the defendant’s motion to vacate an order previously made by the Special Term, pursuant to chapter 239 of the Laws of 1893, permitting the plaintiff to lay its tracks across defendant’s road upon giving an undertaking as prescribed by that act. This order was affirmed by the General Term (90…
2Cases cited8 opinions
- Fanning v. . OsborneNew York Court of Appeals · 1886
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Sixth Avenue Railroad Co. v. . KerrNew York Court of Appeals · 1878
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Geneva & W. Ry. Co. v. New York Cent. & H. R. R.New York Supreme Court · 1895
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3Cited by3 opinions
- Allen v. ClausenWisconsin Supreme Court · 1902
- Dailey v. Nassau County Railway Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Geneva & Waterloo Railway Co. v. Fall Brook Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897