Erie Railroad Co. v. . City of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1904, affirming a judgment in favor of defendants' entered upon a dismissal of the complaint by the court on trial at Special Terra; also appeal from an order of said Appellate Division entered July 6, 1904, which affirmed an order of Special Term vacating a temporary injunction.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 9, 1904, affirming a judgment in favor of defendants' entered upon a dismissal of the complaint by the court on trial at Special Terra; also appeal from an order of said Appellate Division entered July 6, 1904, which affirmed an order of Special Term vacating a temporary injunction. The nature of the action and the facts, so far as material, are stated in the opinion. The acts of the commissioners and the city in attempting to construct the Perry street viaduct were illegal,…
1Opinion of the CourtWerner, J.
This action was brought to restrain the building of a viaduct at the intersection of a branch of the plaintiff’s railroad with Perry street in the city of Buffalo. The viaduct was comprehended in the general plan adopted by the grade crossing commissioners, pursuant to which plan they entered into contracts with various railroad corporations for the erection of such structures as would relieve the city from the dangers and inconveniences of grade crossings. Among other contracts thus entered into was one between the plaintiff and the commissioners, dated February 8th, 1895, which provided for…
2Cases cited3 opinions
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Ziegler v. . ChapinNew York Court of Appeals · 1891
- Lehigh Valley Railway Co. v. AdamNew York Court of Appeals · 1903
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- Bruch v. National Guarantee Credit Corp.Court of Chancery of Delaware · 1922
- Dailey v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
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