City of Mount Vernon v. New York, New Haven & Hartford Railroad
New York Court of Appeals
Appeal from a judgment, entered April 10,1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The commissioners of highways did not have authority to permit and- continue this very serious encroachment.
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Appeal from a judgment, entered April 10,1918, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term and directing a dismissal of the complaint. The commissioners of highways did not have authority to permit and- continue this very serious encroachment. (St. Vincent Orphan Asylum v. City of Troy, 76 N. Y. 113; Bliss v. Johnson, 94 N. Y. 241; Driggs v. Phillips, 103 N. Y. 77; Hughes v. M. E. R. Co., 130 N. Y. 26; Village of Olean, v. Steyner, 135 N.…
1Opinion of the CourtHogan, J.
The respondent, defendant, is a corporation organized under the laws of the state of Connecticut. By chapter 195, Laws of New York, 1846, respondent was authorized to extend its railroad from the Connecticut state line to the line of the New York and Harlem railroad then in operation in this state.
Located in the city of Mount Vernon is a public highway known as Columbus avenue, running northerly and southerly. The railroad tracks of respondent cross Columbus avenue in an easterly and westerly direction upon an overhead bridge. Plaintiff alleging that the abutments of the bridge upon which the…
2Cases cited11 opinions
- Babbage v. . PowersNew York Court of Appeals · 1891
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Jorgensen v. . SquiresNew York Court of Appeals · 1895
- City of New York v. . RiceNew York Court of Appeals · 1910
- Deshong v. . City of New YorkNew York Court of Appeals · 1903
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3Cited by7 opinions
- In re Town of BrookhavenNew York Supreme Court · 1974
- Darling v. Village of HerkimerNew York Supreme Court · 1957
- Masterson v. City of MechanicvilleAppellate Division of the Supreme Court of the State of New York · 1949
- Anastasio v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1983
- Walsh's Inc. v. County of OswegoAppellate Division of the Supreme Court of the State of New York · 1959
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