D., L. W.R.R. Co. v. . City of Buffalo
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 28, 1896, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at a Special Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion. The bridge and its abutments are, and always have been, an authorized and legal structure.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 28, 1896, affirming a judgment in favor of defendants entered upon a decision of the court dismissing the complaint on trial at a Special Equity Term. The nature of the action and the facts, so far as material, are stated in the opinion. The bridge and its abutments are, and always have been, an authorized and legal structure. (Conabeer v. N. Y. C. & H. R. R. R. Co., 156 N. Y. 487 ; L. 1850, ch. 140, § 28 ; L. 1870, ch. 519, § 19 ; Clarke v. Blackmar, 47 N. Y. 150 ; Matter of…
1Opinion of the CourtO’Brien, J.
About the year 1882, the plaintiff, a railroad corporation, constructed its railway across Main street in the city of Buffalo, at an elevation of twelve feet above the surface of the street: The structure rests upon abutments and piers, all placed in the street, which at that point is ninety-nine feet in width. The abutments and piers to support the structure occupy about one-half of the width of the street. On the 26th of May, 1890, the common council of]the city passed a resolution directing the street commissioner to notify the plaintiff to remove the abutments within ninety days, and if…
2Cases cited5 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Cohen v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
3Cited by29 opinions
- Ackerman v. . TrueNew York Court of Appeals · 1903
- Stern v. International Railway Co.New York Court of Appeals · 1917
- People Ex Rel. City of New York v. New York Railways Co.New York Court of Appeals · 1916
- People Ex Rel. Bacon v. Northern Central Railway Co.New York Court of Appeals · 1900
- City of Mt. Vernon v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1922
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