Miller v. New York, L. & W. Ry. Co.
Superior Court of Buffalo
Appeal from trial term. Action by Peter Miller and Barbara Miller to recover damages to real property. Upon the trial it appeared that the defendant was a corporation duly-created under and by virtue of the laws of the state of New York for the purpose of Constructing and operating a railway from the city of Binghamton,. N. Y., to the international bridge in the county of Brie, N. Y. The defendant’s premises adjoin those of plaintiffs on the easterly and northerly…
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Appeal from trial term. Action by Peter Miller and Barbara Miller to recover damages to real property. Upon the trial it appeared that the defendant was a corporation duly-created under and by virtue of the laws of the state of New York for the purpose of Constructing and operating a railway from the city of Binghamton,. N. Y., to the international bridge in the county of Brie, N. Y. The defendant’s premises adjoin those of plaintiffs on the easterly and northerly sides-thereof. Previous to October, 1882, defendant had constructed its road, and laid its tracks upon trestles, about 20 feet…
1Opinion of the Court
Hatch, J., (after stating the facts as above.)
By the terms and conditions of the lease, executed by these corporations, it was, among other things, provided that the defendant should maintain its corporate existence, and perform all acts and things thereunto necessary, and that it would from time to-time, upon request of the lessee, make, execute, issue, and deliver its bonds- and stock for the construction of locomotives, machinery, and equipments for said railroad, and for the construction of any extensions or branches, or any other railroads, which the lessor in the exercise of its rights…
2Cases cited5 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- Mairs v. . Manhattan Real Estate Ass'n.New York Court of Appeals · 1882
- Lockwood v. Mayor of New YorkNew York Court of Common Pleas · 1858
3Cited by1 opinion
- Bella v. New York, Lackawanna & Western Railway Co.The Superior Court of the City of New York and Buffalo · 1889