People v. . Delaware Hudson Co.
New York Court of Appeals
Appeal from a judgment, entered October 16, 1918, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint.
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Appeal from a judgment, entered October 16, 1918, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court at a Trial Term without a jury and directing a dismissal of the complaint. This action is brought to have adjudged that certain tracks across a public highway described in the complaint constitute a purpresture, a public nuisance and a continuing trespass and that they obstruct and interfere with the rights of the public in said highway, and to compel the defendant…
1Opinion of the CourtChase, J.
The defendant is a railroad corporation that has among other lines of railroad maintained and operated for many years a double-track steam railroad between the cities of Albany and Cohoes. At a point in the town of Colonie, Albany county, it crosses a public highway which runs from the city of Watervliet westerly. The crossing is substantially at right angles and at grade.
In 1910, 1911 and 1912 the defendant constructed and put in operation large repair shops on a plot of ground immediately east of its said railroad and south of said highway. To connect the buildings of said plant with the…
2Cases cited3 opinions
- Matter of N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1910
- Matter of Erie Railroad Co.New York Court of Appeals · 1913
- People v. Delaware & Hudson Co.Appellate Division of the Supreme Court of the State of New York · 1918
3Cited by2 opinions
- Sun Enterprises., Ltd. v. TrainDistrict Court, S.D. New York · 1975
- Peter F. Connolly Co. v. StateNew York Court of Claims · 1923