Buchholz v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from special term, Orange county. Action by Charles W. Buchholz against the New York, Lake Erie & Western Railroad Company for a mandatory injunction to compel defendant to restore a grade street crossing, and to recover damages alleged to have been sustained by the discontinuance of such crossing. From a judgment for defendant, plaintiff appeals. Affirmed.
1Opinion of the CourtDykman, J.
The plaintiff owns a house and lot and ground in the village of Port Jervis, on the north'side of Main street, and 54' feet' west of the tracks of the defendant’s road. Prior to March, 1890, Main street continued on east, past the plaintiff’s property, across the railroad, on the same grade, and then made a short curve to the south, and continued on an ascending grade to and over the Delaware & Hudson canal. In March, 1890, the defendant changed Main street by turning it to the south before it reached the plaintiff’s house, and then turning it in a sharp curve to the east, and carrying it…
2Cases cited10 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- The People v. . KerrNew York Court of Appeals · 1863
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
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3Cited by1 opinion
- Talbot v. New York & Harlem RailroadNew York Supreme Court · 1894