Legal Opinion

Delaware, Lackawanna & Western Railroad v. Fengler

Appellate Division of the Supreme Court of the State of New York

Decided November 19, 1941PublishedCited by 3 opinions

1Per curiam

This action was brought under the Condemnation Law to acquire lands necessary for a grade crossing elimination in the city of Syracuse pursuant to the Syracuse Grade Crossing Elimination Act. The final order confirming the report of the commissioners of appraisal provided in part:

“ OBDEBED, ADJUDGED AND DECBEED, that certain disbursements and expenses by and on behalf of Delaware, Lackawanna and Western Bailroad Company, plaintiff herein, including the legal fees of Mackenzie, Smith & Michell, attorneys for said plaintiff, as shown by the affidavit of John H. Hughes, Esq., a member of said…

2Cases cited3 opinions

  1. People Ex Rel. Grannis v. . RobertsNew York Court of Appeals · 1900
  2. Matter of LowNew York Court of Appeals · 1913
  3. In re Laying Out, Opening & Extending School StreetAppellate Division of the Supreme Court of the State of New York · 1914

3Cited by3 opinions

  1. Tomasetti Construction Co. v. StateNew York Court of Claims · 1946
  2. Kendrick v. PowellMontana Supreme Court · 1947
  3. Long Island Rail Road v. StateNew York Court of Claims · 1956

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