People's Railroad v. Syracuse, Binghamton & New York Railroad
New York Supreme Court
Appeal from special term, Onondaga county. Action by the People’s Bailroad Company of Syracuse against the Syracuse, Binghamton & Hew York Bailroad Company, to enjoin defendant from interfering with plaintiff in laying its track across defendant’s road, and running its ears thereon.
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Appeal from special term, Onondaga county. Action by the People’s Bailroad Company of Syracuse against the Syracuse, Binghamton & Hew York Bailroad Company, to enjoin defendant from interfering with plaintiff in laying its track across defendant’s road, and running its ears thereon. On December 27, 1888, upon an ex parte application to Hon. A. J. Horthrup, county judge of Onondaga county, a preliminary injunction, in accordance with the prayer in its complaint, was granted to the plaintiff. On the same day, but after the plaintiff’s injunction was served on defendant, defendant commenced an…
1Per curiam
The order vacated an injunction order which in effect declared the right of plaintiff to cross the road of the defendant without compensation or regulations prescribed as to the manner of crossing. The defendant had an easement upon which the plaintiff sought to impose a burden without compensation. We are of the opinion that the plaintiff is not entitled to impose such a burden as its road built across the defendant’s track would be, until the questions of compensation and manner of crossing are legally determined. In re Lockport, etc., R. Co., 19 Hun, 38; 1 Redf. R. R. 638; Howlett v. New…
2Cases cited2 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Howlett v. N. Y., West Shore, &c. Railway Co.New York Supreme Court · 1882