Henning v. Hudson Valley Railway Co.
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, John L. Henning, as' trustee under-the last will and, testament of George W. Horton, deceased,, and by the defendant, the Hudson Valley Railway Company, from portions of a judgment of the Supreme Court, éritered in the office'of the clerk of the county of Saratoga on the 24th day , of April, 1903, upon the decision of the court, rendered after a trial;at the Saratoga' Special Term, enjoining the defendant from operating its road in certain…
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Cross-appeals by the plaintiff, John L. Henning, as' trustee under-the last will and, testament of George W. Horton, deceased,, and by the defendant, the Hudson Valley Railway Company, from portions of a judgment of the Supreme Court, éritered in the office'of the clerk of the county of Saratoga on the 24th day , of April, 1903, upon the decision of the court, rendered after a trial;at the Saratoga' Special Term, enjoining the defendant from operating its road in certain parts of the village and town of Saratoga Springs.
1Opinion of the Court
Parker, P. J.:
I concur with the conclusion of the trial judge concerning the rights of the plaintiff as to so much of the defendant’s road as is ■within the village of Saratoga Springs. The plaintiff is entitled to no relief so far as that part of the road is concerned. I further concur in his conclusion that, as to so much of the road as extends easterly beyond the village line into the town of Saratoga Springs, it is an unlawful and unauthorized structure in the public street. As to that portion of Lincoln avenue the plaintiff lacks both the consent of the public authority, and of the…
2Cases cited3 opinions
- Irvine v. Atlantic Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Black v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Merriman v. Utica Belt Line Street RailroadNew York Supreme Court · 1896