Hornellsville Electric Railway Co. v. New York, L. E. & W. Railroad
New York Supreme Court
Appeal from judgment on report of referee. Proceeding by the Hornellsville Electric Railway Company against the New York, Lake Erie & Western Railroad Company tti determine the right and manner of intersection of defendant railroad company by that of plaintiff in Canisteo street, in the city of Hornellsville.
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Appeal from judgment on report of referee. Proceeding by the Hornellsville Electric Railway Company against the New York, Lake Erie & Western Railroad Company tti determine the right and manner of intersection of defendant railroad company by that of plaintiff in Canisteo street, in the city of Hornellsville. From a judgment determining the issues arising on plaintiff’s petition and the answer of defendant, and directing the appointment of commissioners, and from orders confirming the report of commissioners, declaring, plaintiff’s right to such intersection, and denying the costs, defendant…
1Opinion of the CourtBradley, J.
The plaintiff was duly incorporated December 17,1891. At that time, and until June 7, 1892, the statute provided that before constructing any part of its road, or instituting any proceedings for the condemnation of real property, a railroad company should make a map and profile of the route, and file it in the office of the clerk of the county in which the road is to be made, and give written notice of the time and place they were filed to the occupants of the lands over which the proposed route passed; that they, within 15 days after such notice, might, upon 10 days’ notice, make application…
2Cases cited12 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- People Ex Rel. Witherbee v. Board of SupervisorsNew York Court of Appeals · 1877
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3Cited by3 opinions
- Utah Copper Co. v. Stephen Hayes Estate, Inc.Utah Supreme Court · 1934
- Jennings v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- Village of St. Johnsville v. CronkAppellate Division of the Supreme Court of the State of New York · 1900