Legal Opinion

Delaware, Lackawanna & Western Railroad v. Syracuse, Lakeside & Baldwinsville Railroad

New York Supreme Court

Decided July 15, 1899Published

Motion to vacate injunction restraining defendant from constructing its street surface railroad across plaintiffs’ tracks.

1Opinion of the CourtHiscock, J.

I will briefly consider in the order presented all of the grounds urged by plaintiffs’ counsel for maintaining this injunction:

*457First. It is urged and not disputed that defendant has not done the acts required by that provision of section 90 of the Eailroad Law (Laws of 1890, chap. 565) which says that every street surface railroad corporation “ before constructing any part of its road upon or through any private property described in its * * * statement, and before instituting any proceedings for the condemnation of any real property, shall make a map and profile of the route adopted by it…

2Cases cited1 opinion

  1. Bohmer v. HaffenAppellate Division of the Supreme Court of the State of New York · 1898

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