Drake v. New York, Lackawanna & Western Railway Co.
New York Supreme Court
Appeal from circuit court, Chemung county. Action by Joseph C. Drake against the New York, Lackawanna & Western Railway Company. From a' judgment entered on a verdict in favor of plaintiff for $1,216, and from an order denying a motion for a new trial on a case and exceptions, defendant appeals. Affirmed.
1Opinion of the CourtHardin, P. J.
Plaintiff has been the owner of a farm, for some 24 years, consisting of about 180 acres, situated in the town of Horseheads, a short distance west of West Junction. Under the laws of the state of New York, the defendant constructed its road between the city of Binghamton and the city of Buffalo, and in doing so crossed the farm of the plaintiff, having acquired the right so to do by condemnation proceedings; its road passing in a westerly direction, severing his farm so that a portion thereof lies on the north side of the railroad, and a portion thereof on the south side of the road.…
2Cases cited4 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Brown v. . the Cayuga and Susquehanna Railroad Co.New York Court of Appeals · 1855
- Mundy v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1894
3Cited by2 opinions
- Howard v. . City of BuffaloNew York Court of Appeals · 1914
- Erwin v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1904