Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Rome, Watertown and Ogdensburg Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 27th day of ¡November, 1895, upon the decision of the court rendered after a trial at the' Onondaga Special Term. Findings of fact and conclusions of law were made by the Special Term, and exceptions were filed thereto.
Read the full summary
Appeal by the defendant, The Rome, Watertown and Ogdensburg Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 27th day of ¡November, 1895, upon the decision of the court rendered after a trial at the' Onondaga Special Term. Findings of fact and conclusions of law were made by the Special Term, and exceptions were filed thereto. At the close of the evidence a motion was made to dismiss the plaintiff’s complaint on the ground, viz.: “ That it now appears by the proof that the plaintiff does not…
1Opinion of the Court
Hardin, P. J.:
Upon the first trial in 1891 the complaint was dismissed on the merits. An appeal was taken to the General Term and a new trial was granted in 1893, and the opinion delivered on that appeal is found reported in 67 Hun, 153. Apparently the main features of that opinion were followed by the trial judge upon the occasion of the second trial now brought here by appeal.
The trial judge, upon a large volume of conflicting evidence, has found as matter of fact that the line of the thirty-four acre lot extends to the center of Marsh street, and as a conclusion of fact upon that evidence…
2Cases cited9 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Aldridge v. . AldridgeNew York Court of Appeals · 1890
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- Cassin v. . DelanyNew York Court of Appeals · 1868
- Lawrence v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1899