Reining v. New York, Lackawanna & Western Railway Co.
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by John Beining and others against the New York, Lackawanna & Western Bail way Company for damages. Verdict and judgment for plaintiffs. Defendant appeals. For former report see 7 H. Y. Supp. 516.
1Opinion of the CourtBeckwith, C. J.
The respondents own a building and a lot of land situated on the northerly side of Water street in the city of Buffalo; and they complain that the appellant, in constructing its railroad through Water street, under a permit of the common council, erected a stone wall between five and *239six feet high and an embankment of the same height in the street and across the front of the respondents’ premises, and thereby took the possession and occupancy of the respondents’ easement in the street, or some portion thereof, to the absolute and permanent exclusion of the respondents. The appellant contends…
2Cases cited6 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Lahr v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1887
- Callanan v. . GilmanNew York Court of Appeals · 1887
- Lamm v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1890
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. WilsonArizona Supreme Court · 1968
- Talbot v. New York & Harlem RailroadNew York Supreme Court · 1894
- State v. WilsonArizona Supreme Court · 1968