Town of Dunkirk v. Lake Shore & Michigan Southern Railway Co.
New York Supreme Court
Appeal from special term, Erie county. Action by the town of Dunkirk against the Lake Shore & Michigan Southern Railway Company and others. From an order denying a motion to strike out a portion of the complaint as irrelevant, defendants appeal. Affirmed.
1Opinion of the CourtLewis, J.
This is an action brought in equity by the town of through highway commissioner, under section 15 of chapter 568 of the laws of 1890, to compel the several defendants to carry a highway under their tracks at a point known as “Fessler’s Crossing” within the corporate limits of the plaintiff. The complaint contains appropriate allegations to the effect that the defendants severally own and occupy railroad tracks, running through the town of Dunkirk, used for the purpose of railroad business; that in building their roadbeds at the point where they crossed the Fessler road they constructed an…
2Cases cited2 opinions
- Howard v. TiffanyThe Superior Court of New York City · 1851
- Finger v. City of KingstonNew York Supreme Court · 1890
3Cited by2 opinions
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Lynch v. Second Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1896