Geneva & Waterloo Railway Co. v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeals from judgments of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 30, 1897, affirming judgments in favor of defendants entered upon reports of a referee. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeals from judgments of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 30, 1897, affirming judgments in favor of defendants entered upon reports of a referee. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The referee erred in holding as a conclusion of law that the consents of the local authorities and of abutting owners were conditions precedent to the right of the plaintiff to maintain this proceeding. (B., B. & L. Ry. Co. v. N. Y., L. E. & W. R. R. Co., 72 Hun, 587; G. & W. Ry. Co. v. N. Y. C. &…
1Opinion of the CourtO’Brien, J.
The plaintiff is a street railroad company duly incorporated in the year 1893. In January, 1895, it instituted this proceeding under section twelve of the Railroad Law to acquire the right to cross the defendants’ tracks at a point where they intersect the highway upon which the petitioner’s road is constructed. The matter was tried before a referee, who, in February, 1897, dismissed the proceeding, holding that the petitioner had not shown any right to maintain it. A judgment of dismissal,' with costs, was entered and subsequently affirmed at the Appellate Division. On May 22, 1897, chapter…
2Cases cited10 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- New York & Oswego Midland Railroad v. Van HornNew York Court of Appeals · 1874
- In Re the Estate of MillerNew York Court of Appeals · 1888
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
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