New York, Lackawanna & Western Railway Co. v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The New York, Lackawanna and Western Railway Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Steuben on the 1st day of November, 1897, upon the decision of the court, rendered after a trial at the Monroe Special Term, dismissing its petition, with notice of an intention to bring up for review, upon such, appeal, an order made at the Monroe Special Term, and entered in the…
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Appeal by the plaintiff, The New York, Lackawanna and Western Railway Company, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Steuben on the 1st day of November, 1897, upon the decision of the court, rendered after a trial at the Monroe Special Term, dismissing its petition, with notice of an intention to bring up for review, upon such, appeal, an order made at the Monroe Special Term, and entered in the office of the clerk of the county of Steuben on the 1st day of November, 1897, confirming the report of a referee; and…
1Opinion of the Court
Follett, J.:
The main lines of the Hew York, Lackawanna and Western Railway Company and the Erie Railroad Company extend through the village of Bath, substantially east and west, and their rights of way are contiguous for a considerable distance in that village. The line of the former corporation is south of the line of the latter company. The southern terminus of the line of the Bath and Hammondsport Railroad Company is in the village of Bath, and on the north side of the Erie Railroad Company and contiguous thereto. For many years the Erie Railroad Company permitted an interchange of freight…
2Cited by3 opinions
- In re the Estate of McCaffreyNew York Surrogate's Court · 1940
- Jennings v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Gallagher v. KeatingNew York Supreme Court · 1899