Rauenstein v. New York, L. & W. Ry. Co.
Superior Court of Buffalo
Appeal from trial term. Action by Louisa M. Rauenstein against the New York, Lackawanna & Western Railway Company for damages caused by the construction of an embankment so as to obstruct the way to plaintiff’s property. From a judgment entered on a verdict directed for defendant, and from an order denying a motion for a new trial, plaintiff appeals.
1Opinion of the CourtHatch, J.
The plaintiff is the owner of a three-story brick building situate upon the southeast side of Commercial street, in the city of Buffalo, which has been heretofore devoted to use as stores. The defendant has constructed, and now operates and maintains, a railroad in Water street, which forms a junction with and crosses Commercial street immediately south of plaintiff’s premises. In order that defendant might cross Commercial slip, a part of the Erie Canal system, at the grade established by the state engineer, it became necessary to construct, and it constructed, an embankment about 6 feet…
2Cases cited9 opinions
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
- Flynn v. . TaylorNew York Court of Appeals · 1891
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