City of Buffalo v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Delaware, Lackawanna and Western Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 10th day of November, 1908, upon the decision of the court rendered after atrial at the Erie Special Term, among other things, restraining-the defendants "from building a certain fixed bridge.
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Appeal by the defendants, The Delaware, Lackawanna and Western Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 10th day of November, 1908, upon the decision of the court rendered after atrial at the Erie Special Term, among other things, restraining-the defendants "from building a certain fixed bridge. The opinion of the trial court is reported in City of Buffalo v. D., L. & W. R. R. Co. (60 Misc. Rep. 584).
1Opinion of the Court
Kruse, J.:
In 1882 the common council of the city of Buffalo granted to the defendant, The New York, Lackawanna and Western Bailway Company, permission to lay and maintain two tracks from the easterly line of the city, along and across certain streets and over and across Buffalo river at two designated points upon' certain stated terms and conditions. But no condition was imposed as regards the kind,or character of bridges over the river or in respect of the manner of- crossing the same, save that it was provided that in its approaches to the river the company should leave such openings in its…
2Cases cited6 opinions
- Chicago, Burlington & Quincy Railway Co. v. Illinois ex rel. Drainage CommissionersSupreme Court of the United States · 1906
- American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
- D., L. W.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1899
- People ex rel. City of Geneva v. Geneva, Waterloo, Seneca Falls & Cayuga Lake Traction CoAppellate Division of the Supreme Court of the State of New York · 1906
- People Ex Rel. City of Geneva v. Geneva, Waterloo, Seneca Falls & Cayuga Lake Traction Co.New York Court of Appeals · 1906
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- Lehigh Valley Railroad v. Canal BoardAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Bryan v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1911