O'Brien v. Buffalo Traction Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Julia O’Brien against the Buffalo Traction Company. From a judgment dismissing the complaint on the merits, with costs, entered on a decision of a special term separately stating the facts found and the conclusions of law, plaintiff appeals.
1Opinion of the CourtFollett, J.
This action was begun July 31, 1897, to restrain the defendant from constructing a street railroad in South Division street, between Main and Smith streets, in the city of Buffalo, on the ground that the defendant had not obtained the consents of the owners of one-half in value of the property bounded on South Division street between Main and Smith streets that its road might be constructed in said street, as required by section 18 of article 3 of the constitution of this state, and by section 91 of chapter 565 of the Laws of 1890 (“The Railroad Law”), as amended by chapter 855 of the Law's…
2Cited by4 opinions
- Bremer v. Manhattan Railway Co.New York Court of Appeals · 1908
- Elterman v. HymanAppellate Division of the Supreme Court of the State of New York · 1907
- Pell v. FullerAppellate Division of the Supreme Court of the State of New York · 1900
- Pell v. FullerAppellate Division of the Supreme Court of the State of New York · 1900