Peck v. Schenectady Railway Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 4, 1902, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered January 4, 1902, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The use of a city street for the purposes of a street surface railroad does not impose an added burden upon the property rights of the owners of the fee of the street. (People v. Kerr, 27 N. Y. 188.) Street surface railroads, as distinguished from ordinary steam railroads,…
1Opinion of the CourtMartin, J.
The purpose of this action was to enjoin the defendant from building an electric railroad upon Washing ton avenue in tlie city of Schenectady, N, Y., in front of the plaintiffs’ premises and upon land of which they were the owners subject to a public easement for street purposes.
That the plaintiffs were the owners in fee of the portion of Washington avenue described in the complaint, and that the defendant, without the consent and obviously against the protest of the plaintiffs, threatened and intended to construct and operate an electric railroad upon tracks laid upon the surface of that…
2Cases cited22 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Pappenheim v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
17 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Lincoln Safe Deposit Co. v. City of New YorkNew York Court of Appeals · 1913
- In re LowAppellate Division of the Supreme Court of the State of New York · 1908
22 more not listed; retrieve them via the Exa API.