Buchholz v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1892, which affirmed a judgment in favor of defendant dismissing the complaint upon the merits entered upon a decision of the court on trial at Special Term. This action was brought to procure an injunction requiring defendant to restore a grade crossing and to recover damages alleged to have_ been sustained by the taking up of the same.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made December 12, 1892, which affirmed a judgment in favor of defendant dismissing the complaint upon the merits entered upon a decision of the court on trial at Special Term. This action was brought to procure an injunction requiring defendant to restore a grade crossing and to recover damages alleged to have_ been sustained by the taking up of the same. The facts, so far as material, are stated in the opinion. The plaintiff, even as abutting owner, had rights of access to…
1Opinion of the Court
Andrews, Ch. J.
Main street, in the village of Port Jervis, as it existed prior to March, 1890, ran in a northerly and southerly direction, passing the plaintiff’s premises, upon which for many years had been erected a hotel and barns, used by him for hotel purposes. The plaintiff’s lot adjoined lands of the defendant on the north, and, up to the date mentioned, the tracks of the defendant crossed Main street at grade on its own premises, fifty feet or more north of the north line of the plaintiff’s lot. In March, 1890, the defendant constructed a bridge over its tracks, one hundred feet east…
2Cases cited3 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
- Adams v. . PophamNew York Court of Appeals · 1879
3Cited by8 opinions
- Cushing - Wetmore Co. v. GrayCalifornia Supreme Court · 1907
- People Ex Rel. Bacon v. Northern Central Railway Co.New York Court of Appeals · 1900
- Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
- In re The Grade Crossing Commisioners of the City of Buffalo for the Appointment of CommissionersAppellate Division of the Supreme Court of the State of New York · 1924
- Old Forge Co. v. WebbNew York Supreme Court · 1900
3 more not listed; retrieve them via the Exa API.