Legal Opinion
New Paltz, Highland & Poughkeepsie Traction Co. v. Central New England Railway Co.
New York Supreme Court
Decided March 15, 1914Published
Motion to continue temporary injunction pendente lite.
1Opinion of the CourtHasbrouck, J.
There has been for many years a turnpike road between the villages of New Paltz and Highland in the county of Ulster. Laws of 1831, chap. 108; Laws of 1867, chap. 169; Laws of 1881, chap. 245. About the year 1897 a trolley railroad was built in and along this turnpike between the two villages. Wherever the trolley tracks lie within the limits of the turnpike road it is a fair inference that the trolley company’s right of way came by some grant from the turnpike company.
The Central New England Railway Company, the defendant, has for some years past maintained and operated a railroad from the…
2Cases cited4 opinions
- Village of Fort Edward v. Hudson Valley Railway Co.New York Court of Appeals · 1908
- Matter of N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- Clean Street Railway Co. v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Danner v. New York & Harlem RailroadAppellate Division of the Supreme Court of the State of New York · 1912