New York Central & Hudson River Railroad v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court-in favor of the defendant, entered in the office of the clerk of the •county of Erie on the 25th day of May, 1905, upon the decision of the court rendered after a trial at the Erie Special Term.
Read the full summary
Appeal by the plaintiff, The New York Central and Hudson River Railroad Company, from a judgment of the Supreme Court-in favor of the defendant, entered in the office of the clerk of the •county of Erie on the 25th day of May, 1905, upon the decision of the court rendered after a trial at the Erie Special Term. The action was commenced on the 3d day of November, 1902, to restrain the defendant from extending Delavan avenue, in the city of Buffalo, across the tracks of the plaintiff and from constructing and maintaining a grade crossing at such point. The learned trial court determined that…
1Opinion of the Court
McLennan, P. J. :
The material facts are not in dispute. Prior to 1867, the plaintiff,, or its predecessor in interest, was the owner in fee of the lands in question and across which it is proposed to extend Delavan avenue, and at that time the plaintiff, or such predecessor, had constructed and has ever since maintained its tracks, which constitute a part of its main line, upon said lands. In 1867 the defendant, in compliance with the provisions of its charter then in. force,* instituted proceedings for the purpose of laying out an extension: of Delavan avenue, a public street in said city,…
2Cases cited2 opinions
- In re Village of WaverlyAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1899
3Cited by2 opinions
- In re the Town BoardAppellate Division of the Supreme Court of the State of New York · 1910
- Town Board of Royalton v. New York Cent. & H. R. RailroadAppellate Division of the Supreme Court of the State of New York · 1910