Village of Waverly v. Waverly, Sayre & Athens Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendants, the Waverly, Sayre and Athens Traction: Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tioga on the 18th day of March, 1908, upon the decision of the court rendered after a trial at the Tioga- Special Term granting an injunction.
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Appeal by the. defendants, the Waverly, Sayre and Athens Traction: Company and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tioga on the 18th day of March, 1908, upon the decision of the court rendered after a trial at the Tioga- Special Term granting an injunction. The defendant Waverly, Sayre and Athens Traction Company -is a corporation operating a street surface railway in the village of Waverly and its lilies extend through Waverly and South Waverly to Sayre and Athens in Pennsylvania. In 1893 the trustees of…
1Opinion of the Court
Chester, J.:
The Waverly, Sayre and Athens Company insists that under the franchise to the Susquehanna Talley Electric Traction Company to which it succeeded, it has the right to construct the tracks in question because of the permission therein contained to construct such switches and turnouts, as may be necessary for the convenient and useful working of the street railroad. It is not argued that the proposed construction is a “turnout” in the commonly understood meaning of that term, that is, a track in addition, to a single track to permit cars to pass each other. But it is claimed that it…
2Cases cited2 opinions
- Village of Fort Edward v. Hudson Valley Railway Co.New York Court of Appeals · 1908
- Jennings v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1905