Miller v. New York, Lackawanna & Western Railway Co.
The Superior Court of New York City
Appeal from a judgment entered upon an order denying defendant’s motion for a new trial, and from the order denying a new trial. The plaintiffs bring this action to recover damages to real property.
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Appeal from a judgment entered upon an order denying defendant’s motion for a new trial, and from the order denying a new trial. The plaintiffs bring this action to recover damages to real property. Upon the trial, it appeared that the defendant was a corporation duly created under and by virtue of the Laws of the state of New York, for the purpose of constructing and operating a railway from the city of Binghamton, N. Y., to the International Bridge in the county of Erie, N. Y. The defendant’s premises adjoin those of plaintiffs on the easterly and northerly sides thereof. Previous to…
1Opinion of the CourtHatch, J.
By the terms and conditions of the lease, executed by these corporations, it was, among other things, provided that the defendant should maintain its corporate existence and perform all acts and things thereunto necessary, and that it would from time to time, upon request of the lessee, make, execute, issue and deliver its bonds and stock for the construction of locomotives, machinery and equipments for said railroad, and for the construction of any extensions, or branches, or any other railroads which the lessor in the exercise of its rights possessed the power of doing, and for all other…
Also in this document: Concurrence.
2Cases cited6 opinions
- Storrs v. . the City of UticaNew York Court of Appeals · 1858
- Cordell v. New York Central & Hudson River RailroadNew York Court of Appeals · 1878
- King v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Mairs v. . Manhattan Real Estate Ass'n.New York Court of Appeals · 1882
- Lockwood v. Mayor of New YorkNew York Court of Common Pleas · 1858
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