Legal Opinion

In re Lima & H. F. Railway Co.

New York Supreme Court

Decided April 13, 1893PublishedCited by 7 opinions

Appeal from special term, Steuben county. Application by the Lima & Honeoye Falls Railway Company for authority to construct and operate its road upon and along a street in the village of Honeoye Falls. The application was opposed by the board of trustees of the village, and denied, and, from an order awarding them costs as of an action, petitioner appeals.

1Opinion of the CourtDwight, P. J.

The application was for authority to construct and operate the petitioner’s road upon and along Main street, in the village of Honeoye Falls. It was made under section 11, art. 1, of the railroad law (Laws 1890, c. 565.) Notice, as required by the section cited, was given to the board of trustees of the village, and they appeared, and opposed the application. It was heard on the petition of the applicant, supported by numerous affidavits, on the one hand, and on the remonstrance of residents and property holders on the street, and affidavits, on the other hand. The court denied the…

2Cases cited4 opinions

  1. Matter of Application of HoldenNew York Court of Appeals · 1891
  2. Rensselaer Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1873
  3. In Matter of Petition of JetterNew York Court of Appeals · 1879
  4. In re LongNew York Supreme Court · 1891

3Cited by7 opinions

  1. In re CrespoNew York Supreme Court · 1984
  2. Utah Copper Co. v. Stephen Hayes Estate, Inc.Utah Supreme Court · 1934
  3. Hornellsville Electric Railway Co. v. New York, L. E. & W. RailroadNew York Supreme Court · 1894
  4. Allianz Insurance v. City of New YorkNew York Supreme Court · 2003
  5. Double A Property Associates v. SpearsAppellate Terms of the Supreme Court of New York · 1989

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