Legal Opinion

People ex rel. City of Ithaca v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 4 opinions

Appeal by the defendants, The Delaware, Lackawanna and Western Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 27th day of July, 1896, upon the decision of the court rendered after a trial at the Tompkins Special Term, awarding a peremptory mandamus in favor of the plaintiff and against the defendants, requiring the defendants to cause Cayuga street in the city…

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Appeal by the defendants, The Delaware, Lackawanna and Western Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 27th day of July, 1896, upon the decision of the court rendered after a trial at the Tompkins Special Term, awarding a peremptory mandamus in favor of the plaintiff and against the defendants, requiring the defendants to cause Cayuga street in the city of Ithaca to be extended across the railway tracks of the defendants and for the costs of this action. On the 4th day of…

1Opinion of the Court

Herrick, J.:

By section 1 of chapter 62 of the Laws of 1853 it is provided that “ It shall be lawful for the authorities of any city, village or town in this State, who are by law empowered to lay out streets and highways, to lay out any street or highway across the track of any railroad now laid, or which may hereafter be laid, without compensation to the corporation owning such railroad.”

By section 2 it is provided that “ It shall be the duty of any railroad corporation, across whose track a street or highway shall be laid out as aforesaid, immediately after the service of said notice, to…

2Cases cited2 opinions

  1. People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
  2. Buffalo, Bellevue & Lancaster Railroad v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893

3Cited by4 opinions

  1. Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920
  2. In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
  3. In re Folts StreetAppellate Division of the Supreme Court of the State of New York · 1897
  4. In re Estate of SutroCalifornia Superior Court · 1912

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