City of Buffalo v. Erie Railroad

This is an action in equity, in which the city of Buffalo seeks to compel defendant, by injunctive decree, to remove its ties and rails from certain alleged streets, and enjoining the defendant from preventing the plaintiff, its citizens and inhabitants, from the use of these streets as public highways, which, it is claimed, cross the defendant’s tracks. The streets in question are Kentucky, Tennessee, Vincennes, Alabama and Vandalia streets.

The complaint, in substance, alleges that the tracks of the defendant have been laid across these streets, *146and that the defendant has continuously…