Coatsworth v. Lehigh Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Lehigh Valley Railway Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 23d day of February, 1897, upon the decision cf the court rendered after a trial at the Erie Special Term overruling their demurrer to the plaintiff’s complaint.
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Appeal by the defendants, The Lehigh Valley Railway Company and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 23d day of February, 1897, upon the decision cf the court rendered after a trial at the Erie Special Term overruling their demurrer to the plaintiff’s complaint. The demurrer interposed by the defendants was “ upon the ground that it appears upon the face of the complaint that it does not state facts sufficient to constitute a cause of action.”
1Opinion of the Court
Per Curiam :
Plaintiff’s complaint alleges that the Lehigh Valley Railroad Company is a foreign corporation by virtue of the laws of the State of Pennsylvania, and is engaged in operating a line of railroad for the transportation of freight and passengers from Sayre, in the State of Pennsylvania; through the town of Cheelctowaga into the city of Buffalo ; that prior to the construction of the bridge mentioned in the complaint the plaintiff’s grantors were, and he is now, the owner in fee simple and possessed of a tract of land in the city of Buffalo, particularly described in the complaint;…
2Cases cited12 opinions
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Zabriskie v. . SmithNew York Court of Appeals · 1855
- Jackson ex dem. Yates v. HathawayNew York Supreme Court · 1818
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
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3Cited by4 opinions
- Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
- Peterson v. EighmieAppellate Division of the Supreme Court of the State of New York · 1916
- Boyle v. A. C. Cheney Piano Action Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Coatsworth v. Lehigh Val. Railway Co.Appellate Division of the Supreme Court of the State of New York · 1898