People v. Delaware & Hudson Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 7th day of November, 1917, upon the decision of the court after a trial before the court, a jury having been waived. .
1Opinion of the Court
Woodward, J.:
The complaint alleges that the defendant, a domestic railroad corporation, operates a part of its railroad system between the city of Albany and the city of Cohoes, both in the county of Albany, and that between said cities, and near the city of Watervliet, said railroad crosses a public highway, known as the Shakers-Watervliet County Highway, No. 879, in the town of Colonie; that the defendant, at dates unknown to the plaintiff, has erected upon and across said highway seven railroad tracks in addition to the two main line tracks; that these tracks are laid at grade; that this…
2Cases cited4 opinions
- Aultman Taylor Co. v. . SymeNew York Court of Appeals · 1900
- Thousand Island Park Assn. v. . TuckerNew York Court of Appeals · 1903
- Christopher & Tilton v. MayorNew York Supreme Court · 1852
- City of Rochester v. WestAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Sun Enterprises., Ltd. v. TrainDistrict Court, S.D. New York · 1975
- County of Delaware v. Wakeman, New York County Courts1938
- People v. . Delaware Hudson Co.New York Court of Appeals · 1920
- Peter F. Connolly Co. v. StateNew York Court of Claims · 1923