Madden v. Delaware, L. & W. R.
District Court, N.D. New York
At Law. Action by Robert H. Madden against the Delaware, Lacka-wanna & Western Railroad Company. Verdict for plaintiff. Motion by defendant Delaware, Lackawanna & Western Railroad Company for an order setting aside the verdict of the jury in favor of the plaintiff for $15,064, and granting a new trial or absolutely dismissing the complaint.
Read the full summary
At Law. Action by Robert H. Madden against the Delaware, Lacka-wanna & Western Railroad Company. Verdict for plaintiff. Motion by defendant Delaware, Lackawanna & Western Railroad Company for an order setting aside the verdict of the jury in favor of the plaintiff for $15,064, and granting a new trial or absolutely dismissing the complaint. The cause of action alleged is negligence on the part of the defendant in not repairing or neglecting to replace a plank in the sidewalk in a public street in the cify of Cortland on and abutting on lands leased and occupied by the defendant for railroad…
1Opinion of the Court
RAY, District Judge.
The defendant leases and operates a railroad running from Binghamton, N. Y., to Syracuse, N. Y., through the city of Cortland, formerly the village of Cortlandville. In 1852 the lands involved here were acquired by the Syracuse & Binghamton Railroad Company, and in 1867 they passed by conveyance to the Syracuse & Southern Railroad Company, later Syracuse, Binghamton & New York Railroad Company, defendant’s lessor. A railroad was constructed across these lands long prior to 1867, and at that time (1867) there was no highway or public street across same at the place in…
2Cases cited11 opinions
- City of Rochester v. . CampbellNew York Court of Appeals · 1890
- Pomfrey v. . Village of Saratoga SpringsNew York Court of Appeals · 1887
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- Town of Essex v. New England Telegraph Company of MassachusettsSupreme Court of the United States · 1915
- Toutloff v. City of Green BayWisconsin Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Schaefer v. LenahanCalifornia Court of Appeal · 1944