Legal Opinion

New York, New Haven & Hartford Railroad v. Village of Port Chester

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

Decided March 29, 1912PublishedCited by 18 opinions

Appeal by the defendant, The Village of Port Chester, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of .the clerk of the county of Westchester on the 2d day of March, 1911, upon the decision of the court rendered after a trial at the Westchester Special Term.

1Opinion of the Court

Hirschberg, J.:

The trustees of the appellant, The Village of Port Chester, pursuant to chapter 511" of the Laws of 1899 and the acts amendatory thereto, have levied an assessment for grading, *894paving and improving Willett avenue and Highland street in said village against the property abutting on said streets, according to the front-foot rule. Those streets are parallel, running north and south under the right of way used by the plaintiff for its steam railroad, which right of way crosses them by means of bridges and abutments. Contiguous to its right of way the respondent owns two small…

2Cases cited10 opinions

  1. Norwood v. BakerSupreme Court of the United States · 1898
  2. French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
  3. Mc'Cartee v. Orphan Asylum SocietyCourt for the Trial of Impeachments and Correction of Errors · 1827
  4. Saunders v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  5. Scott v. . OnderdonkNew York Court of Appeals · 1856

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3Cited by18 opinions

  1. Matter of Long Island R.R. Co. v. HylanNew York Court of Appeals · 1925
  2. Matter of City of New York (Juniper Ave.)New York Court of Appeals · 1922
  3. N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
  4. In re Syracuse, Binghamton & New York RailroadAppellate Division of the Supreme Court of the State of New York · 1928
  5. People ex rel. New York, Westchester & Boston Railway Co. v. WaldorfAppellate Division of the Supreme Court of the State of New York · 1915

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