Buffalo, Lockport & Rochester Railway Co. v. Hoyer
New York Court of Appeals
Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1911, as affirmed a judgment of condemnation rendered by the Erie Special Term, and from so much of said judgment as awards costs to the plaintiff against the defendants other than the First Methodist Episcopal Church Society of Middleport, N. Y. This is a proceeding brought for the condemnation of certain rights of way in the…
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Appeal, by permission, from so much of an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered November 16, 1911, as affirmed a judgment of condemnation rendered by the Erie Special Term, and from so much of said judgment as awards costs to the plaintiff against the defendants other than the First Methodist Episcopal Church Society of Middleport, N. Y. This is a proceeding brought for the condemnation of certain rights of way in the village of Middleport, Niagara county, N. Y. Answers were interposed by the defendants to the petition of the Buffalo,…
1Opinion of the CourtChase, J.
The Buffalo, Lockport ánd Bochester Bail-way Company is a domestic street surface railroad corporation. Its route extends from Buffalo to Bochester, and passes through the village of Middleport. That part thereof in the village of Middleport now in controversy-is described in the articles of incorporation of a predecessor company as running westerly “ along Park Avenue to the highway known as the ‘ Common; ’ thence westerly through the Common and along and across Main street to Church street; thence westerly along Church street to the westerly end thereof.”
Consent has been obtained from the…
2Cases cited7 opinions
- President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Porter v. . International Bridge Co.New York Court of Appeals · 1910
- Village of Riverside v. MacLainIllinois Supreme Court · 1904
- White v. MooreAppellate Division of the Supreme Court of the State of New York · 1914
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3Cited by11 opinions
- City of Abbeville v. JaySupreme Court of Georgia · 1949
- Matter of Co. of Westchester (h.R. Parkway)New York Court of Appeals · 1927
- People v. KraushaarNassau County District Court · 1949
- Armiger v. LewinCourt of Appeals of Maryland · 1958
- Fink v. FriedmanNew York Supreme Court · 1974
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