Legal Opinion

Weeks v. New York, Westchester & Boston Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided June 2, 1911PublishedCited by 1 opinion

Appeal by the plaintiff, Selina Weeks, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Westchester on the 28th day of October, 1910, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits.

1Opinion of the Court

Woodward, J.:

The complaint alleged ownership of certain lots bounded on Cedar street, as shown upon a map duly filed in the office of the clerk of Westchester county, and that the defendant railroad company is constructing or causing to be constructed along the lots facing on Orchard street and across Cedar street an embankment and bracks thereon for the purposes of its busi*536ness; that the defendant City and Comity Construction Company is engaged in constructing such embankment; that the railroad company had caused to be erected across said Cedar street, the same being a public street, the…

2Cases cited1 opinion

  1. Gordon v. Ellenville & Kingston RailroadAppellate Division of the Supreme Court of the State of New York · 1907

3Cited by1 opinion

  1. In re New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1913

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