Legal Opinion

Friedlander v. Delaware & Hudson Canal Co.

New York Supreme Court

Decided November 28, 1890Published

Appeal from judgment entered on decision dismissing the complaint, with costs. Action to compel defendant to remove a certain fence in front of plaintiff’s premises- and a railroad gate across Washington street, Saratoga Springs.

1Per curiam

The learned justice, who tried this case, wrote a very able, clear and exhaustive opinion.

We think it unnecessary to add anything to what he said; and we, therefore, affirm the judgment on his opinion, with costs.

Tappajst, J.

—The defendant is a railroad corporation organized under the laws of this state and is the lessee of the railroad and franchise of the Rensselaer & Saratoga Railroad Company, and the Saratoga & Schenectady Railroad Company, and is in the use and occupation of such railroad.

The track of the last named railroad crosses a public street in the village of Saratoga Springs,…

2Cases cited17 opinions

  1. Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
  2. Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
  3. Phelps v. . NowlenNew York Court of Appeals · 1878
  4. Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
  5. Chaffee v. Boston Belting Co.Supreme Court of the United States · 1859

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