New York Central Railroad v. Middleport Gas & Electric Light Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 24, 1920, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The action w;as brought to restrain the defendant from maintaining three electric light wires along the highway in the town' of Royalton, N. Y., and across the railroad company’s right of way.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 24, 1920, in favor of defendant upon the submission of a controversy under section 1279 of the Code of Civil Procedure. The action w;as brought to restrain the defendant from maintaining three electric light wires along the highway in the town' of Royalton, N. Y., and across the railroad company’s right of way. The Appellate Division held that “ plaintiff holds its property for a particular purpose — the operation of its railroad. That operation not being…
1Opinion of the Court
Judgment affirmed, with costs; no opinion.
Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.
2Cited by3 opinions
- Village of East Rochester v. Rochester Gas & Electric Corp.Appellate Division of the Supreme Court of the State of New York · 1941
- New York Central Railroad v. BaileyAppellate Division of the Supreme Court of the State of New York · 1924
- New York Fire Insurance Co. v. AshleyCourt of Appeals of Texas · 1956