Legal Opinion

Matter of Lockport and Buffalo R.R. Co.

New York Court of Appeals

Decided September 16, 1879PublishedCited by 28 opinions

Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, affirming an order of Special Term, appointing commissioners in these proceedings. The facts appear sufficiently in the opinion.

1Opinion of the CourtEarl, J.

The respondent presented a petition, under subdivision 6 of section 28 of chapter 140 of the Laws of 1850, to the Special Term of the Supreme Court for the appointment of commissioners to settle the points and manner of crossing the tracks of the appellant with its railroad. The Special Term made an order appointing the. commissioners, which upon appeal to the General Term was affirmed. This appeal was then taken to this court.

It is provided in subdivision six that every corporation formed under the act shall have power “to cross, intersect, join and unite its railroad with any other railroad…

2Cases cited3 opinions

  1. In Re New York Central Railroad to Acquire Lands of ArmstrongNew York Court of Appeals · 1876
  2. The People v. . the New-York Central Railroad Co.New York Court of Appeals · 1855
  3. People v. New York Central Rail RoadNew York Supreme Court · 1855

3Cited by28 opinions

  1. Grattan v. . Metropolitan Life Ins. Co.New York Court of Appeals · 1880
  2. Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
  3. Lake Shore & Michigan Southern Railway Co. v. Cincinnati, Wabash & Michigan Railway Co.Indiana Supreme Court · 1888
  4. Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
  5. Deutschmann v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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