Delaware, Lackawanna & Western Railroad v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Delaware, Lackawanna and Western Railroad Company, from a judgment of the Supreme-Conrt in favor of the defendants, entered in the office of the .clerk of the county of Erie on the 13th day of May, 1895, upon the decision of the court rendered after a trial at the Erie Special Term dismissing the plaintiff’s complaint.
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Appeal by the plaintiff, The Delaware, Lackawanna and Western Railroad Company, from a judgment of the Supreme-Conrt in favor of the defendants, entered in the office of the .clerk of the county of Erie on the 13th day of May, 1895, upon the decision of the court rendered after a trial at the Erie Special Term dismissing the plaintiff’s complaint. In 1881 the Hew York, Lackawanna and Western Railroad Company, a railway corporation and the plaintiff’s lessor, filed a map and profile of its proposed route through the city of Buffalo, in the Erie county clerk’s office, which map showed, among…
1Opinion of the Court
Adams, J.:
This case comes into this court with the advantage of a previous adjudication which commands our approval and which must he regarded as conclusive, so far as one of its essential features is concerned.
Upon the former trial the complaint Avas dismissed upon the theory (1) that the common council of the city of Buffalo had no authority under its charter to grant permission to the plaintiff or its lessor to erect or maintain the abutment and pier or any other permanent structure in Main street upon Avhich it might construct a bridge; and (2) that such permission as was granted to the…
2Cases cited5 opinions
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- Wakeman v. . WilburNew York Court of Appeals · 1895
- St. Vincent Female Orphan Asylum v. City of TroyNew York Court of Appeals · 1879
- Delaware, Lackawanna & Western Railroad v. City of BuffaloNew York Supreme Court · 1892
3Cited by6 opinions
- Eckhardt v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1897
- Gunning System v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1901
- City of Utica v. Utica Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Gibbons v. HoffmanNew York Supreme Court · 1952
- People ex rel. New York v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1920
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