Legal Opinion

Oswego Syracuse R.R. Co. v. . State

New York Court of Appeals

Decided May 20, 1919PublishedCited by 80 opinions

Appeal from a judgment entered February 8, 1919, upon an order of the Appellate Division of the Supreme Court in the third judicial department, which reversed a judgment of the Court of Claims dismissing the plaintiffs’ claim upon the merits and directed judgment absolute in favor of plaintiffs. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtCardozo, J.

In 1848 the Oswego and Syracuse Railroad Company, then engaged in the construction of its road, built a bridge across the Seneca river near the village of Baldwinsville. The road was thereafter leased to the Delaware, Lackawanna and Western Railroad Company during the life of the lessor. The Seneca river at that point was a part, though a minor one, of the canal system of the state. The improvement, authorized in 1836 (L. 1836, ch. 303), was known as the Seneca River Towing Path. The first bridge was destroyed by fire in 1879, and was thereupon replaced by another in the same location. The…

2Cases cited31 opinions

  1. Schenck v. United StatesSupreme Court of the United States · 1919
  2. United States v. Chandler-Dunbar Water Power Co.Supreme Court of the United States · 1913
  3. Loan Assn. v. TopekaSupreme Court of the United States · 1875
  4. Jacobus v. . ColgateNew York Court of Appeals · 1916
  5. United States v. Realty Co.Supreme Court of the United States · 1896

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3Cited by80 opinions

  1. Guaranty Trust Co. v. United StatesSupreme Court of the United States · 1938
  2. City of Buffalo v. J. W. Clement Co.New York Court of Appeals · 1971
  3. State v. City of AustinTexas Supreme Court · 1960
  4. Killian v. Metropolitan Life InsuranceNew York Court of Appeals · 1929
  5. Lyman v. Town of Bow MarSupreme Court of Colorado · 1975

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