Fanning v. . Osborne
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31,1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 84 Hun, 121.) This action was brought to restrain defendants from operating a railroad in Garden street, in the city of Auburn.
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Appeal from judgment of the General Term of the Supreme Court, in the fifth judicial department, entered upon an order made October 31,1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 84 Hun, 121.) This action was brought to restrain defendants from operating a railroad in Garden street, in the city of Auburn. A railroad track was originally laid iri said street by the East Genesee Street and Seward Avenue Railway Company, which was incorporated by chapter 527, Laws of 1871, and was authorized by the common…
1Opinion of the CourtAndrews, J.
The defendant, D. M. Osborne & Co., a manufacturing corporation, from 1875 to the commencement of this action, maintained and operated a street railroad in the city of Auburn, from a point near the Hew York Central railroad, and thence through Garden and other streets in said city to its manufacturing establishment on Mechanic street, exclusively for the transportation of machines manufactured by the corporation and for other freighting purposes connected with its business, by means of ordinary freight cars owned by the corporation, which from 1875 to 1879 were drawn by horses and afterward…
2Cases cited1 opinion
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
3Cited by48 opinions
- Brown v. GeraldSupreme Judicial Court of Maine · 1905
- Beekman v. . Third Avenue R.R. Co.New York Court of Appeals · 1897
- City of New York v. . BryanNew York Court of Appeals · 1909
- Blanshard v. City of New YorkNew York Court of Appeals · 1933
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
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