Legal Opinion

Fayetteville & Syracuse Railroad v. Village of Fayetteville

New York Supreme Court

Decided February 15, 1902Published

Action for an injunction to restrain the village of Fayetteville and the Syracuse & Suburban Eailroad Company from further interference with the turnpike road constructed by the plaintiff upon Genesee street.

1Opinion of the Court

Andrews, W. S., J.

In the year 1800, the Seneca Eoad Company was incorporated (Laws of 1800, chap. 78) for the purpose of establishing a turnpike from Etica to Canandaigua. In pursuance of this statute the portion of the turnpike extending from the present village of Fayetteville to the present city of Syracuse was built upon the old State road and seems to have been operated at an early date. In 1847 the corporation was authorized to sell sections of its turnpike road to plank-road companies (Laws of 1847, chap. 210), and thereupon it did convey the portion above mentioned to the plaintiff…

2Cases cited5 opinions

  1. Munn v. IllinoisSupreme Court of the United States · 1877
  2. People v. . BuddNew York Court of Appeals · 1889
  3. Walker v. . CaywoodNew York Court of Appeals · 1865
  4. In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
  5. Glens Falls Gas Light Co. v. Van VrankenAppellate Division of the Supreme Court of the State of New York · 1896

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