Legal Opinion

Elsey v. Adirondack & St. Lawrence Railroad

New York Supreme Court

Decided October 15, 1916PublishedCited by 3 opinions

Action for an injunction and for damages.

1Opinion of the CourtWhitmyer, J.

The action is for an injunction and for damages. Plaintiff owns a farm consisting of 196 acres in the town of DeKalh, 'St. Lawrence county, N. ¥., upon which he maintains about forty-five head of cattle and four or five horses. He bought it March 16, 1905. The defendant company was incorporated in 1906. Its railroad was built by a predecessor a few years before plaintiff bought, but was not under operation at that time. The road runs through the farm for a distance of twelve hundred feet on an embankment, from twelve to fourteen feet high, made of rock, sand and pyrites tailings. A ditch is…

2Cases cited2 opinions

  1. Brown & Bros. v. IlliusSupreme Court of Connecticut · 1858
  2. Dillon v. Acme Oil Co.New York Supreme Court · 1888

3Cited by3 opinions

  1. Phillips v. Sun Oil Co.New York Court of Appeals · 1954
  2. Fetter v. DeCampAppellate Division of the Supreme Court of the State of New York · 1993
  3. Meehan v. StateNew York Court of Claims · 1978

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