New York Central & Hudson River Railroad v. Auburn Interurban Electric Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, 1903, affirming a judgment in favor of defendaut entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 30, 1903, affirming a judgment in favor of defendaut entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The projected extension of defendant’s street surface railroad is a work of such character as the law forbids construction of unless and until the board of railroad commissioners shall certify that public convenience and necessity require it. (Matter of N. H. R. R. Co., 76…
1Opinion of the CourtWerner, J.
This action was brought to restrain the defendant from constructing and operating an alleged proposed extension of its street surface railroad between the vil*78lage of Skaneateles and the city of Syracuse, in the county of Onondaga. The complaint was framed upon the theories: (1) That the alleged extension was invalid because the defendant had failed to obtain from the board of railroad commissioners a certificate that public convenience and necessity required it, and (2) that the so-called extension was such only in name and was in reality a new road, the construction and operation of which…
2Cases cited2 opinions
- Ostrom v. . GreeneNew York Court of Appeals · 1900
- National Harrow Co. v. E. Bement & SonsNew York Court of Appeals · 1900
3Cited by3 opinions
- New York Central & Hudson River Railroad v. Buffalo & Williamsville Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- People ex rel. Brooklyn, Queens County & Suburban Railroad v. SteersNew York Supreme Court · 1913
- Syracuse, Lake Shore & Northern Railroad v. CarrierAppellate Division of the Supreme Court of the State of New York · 1912