Delaware, Lackawanna & Western Railroad v. City of Buffalo
New York Supreme Court
Appeal from special term, Erie county. Action by the Delaware, Lackawanna & Western Railroad Company against, the city of Buffalo and Henry Quinn for an injunction. From a judgment of the special term dismissing the complaint and vacating an injunction pendentelite, plaintiff appeals. Reversed.
1Opinion of the CourtDwight, P. J.
The action was to restrain the defendants from removing an abutment and a pier of the bridge which carried the tracks of the plaintiff’s railroad across Main street in the northern part of the city of Buffalo, otherwise spoken of in the case as North Buffalo and Buffalo Plains. The road was located and constructed in the years 1880-1882, by the New York, Lackawanna & Western Railway Company, a corporation duly organized under the general railroad act of this state, and in 1882 was leased by that, company to the plaintiff, which has ever since been in possession of and operating the same. In…
2Cases cited5 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
- The People v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1882
3Cited by6 opinions
- City of Rochester v. Bell Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Delaware, Lackawanna & Western Railroad v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Frontier Electric Railway Co. v. City of North TonawandaNew York Supreme Court · 1910
- Ward v. Erie RailroadNew York Supreme Court · 1914
- People ex rel. New York v. Public Service CommissionAppellate Division of the Supreme Court of the State of New York · 1920
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