Buffalo, Bellevue & Lancaster Railroad v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from special term, Erie county. Proceeding by the Buffalo, Bellevue & Lancaster Railroad Company against the New York, Lake Erie & Western Railroad Company and the Buffalo, Few York & Erie Railroad Company for the appointment of commissioners to determine the point and manner of the intersection of each of defendants’ roads by plaintiff’s road, and the compensation to be made therefor.
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Appeal from special term, Erie county. Proceeding by the Buffalo, Bellevue & Lancaster Railroad Company against the New York, Lake Erie & Western Railroad Company and the Buffalo, Few York & Erie Railroad Company for the appointment of commissioners to determine the point and manner of the intersection of each of defendants’ roads by plaintiff’s road, and the compensation to be made therefor. From an order or interlocutory judgment confirming the report of a referee and appointing commissioners, defendants appeal.
1Opinion of the CourtDwight, P. J.
The proceeding was under section 12 of “the railroad law,” being chapter 565 of the Laws of 1890, as amended by chapter 676 of the Laws of 1892. Issue was joined in the proceeding by an answer of the defendants to the plaintiff’s petition, and the issues so made were referred to a referee “to hear and *266determine,” but by stipulation oí the attorneys, approved by the court, his report was treated as that of a referee to take testimony, and report the same, with his opinion thereon, and his findings and conclusions of law and fact were taken as the opinion and recommendation of a referee so…
2Cited by7 opinions
- Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
- Utah Copper Co. v. Stephen Hayes Estate, Inc.Utah Supreme Court · 1934
- Hornellsville Electric Railway Co. v. New York, L. E. & W. RailroadNew York Supreme Court · 1894
- Schenectady Railway Co. v. PeckAppellate Division of the Supreme Court of the State of New York · 1903
- Gallagher v. KeatingNew York Supreme Court · 1899
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