Ascher v. South Shore Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal "by the. defendant, The South Shore Traction Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of • Suffolk on the 30th day of December, 1910, upon the decision of the court rendered after a trial at the Suffolk Special Term.
1Opinion of the Court
Burr, J.:
Plaintiff is the owner of a tract of land on the southerly side of the Middle road or Main street in the village of Bayport and town of -Islip, and also of the southerly one-half of the highway in front of and adjoining said premises. Defendant is a street surface railroad company, and is about to construct and operate a railroad through said street by electric power transmitted' through an overhead trolley line. Defendant has acquired the consent of the town and State officials to such construction, and also that of the owners of more than two-thirds of the property in the said town…
2Cases cited5 opinions
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- O'Reilly v. New York Elevated RailroadNew York Court of Appeals · 1896
- Shaw v. Rochester, Syracuse & Eastern RailroadAppellate Division of the Supreme Court of the State of New York · 1909
- Duncan v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1908