Town of Leray v. New York Central Railroad
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 10, 1917, affirming a judgment in favor of plaintiff 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.
1Opinion of the CourtCardozo, J.
This is an action for an injunction to restrain the obstruction of a highway.
Early in the nineteenth century, Pearl street in the village of Evans Mills was opened to public travel. Its course lay east and west. The right of way of the Potsdam and Watertown Railroad Company, the defendant’s predecessor, was acquired in 1854, and the tracks, running north and south, crossed Pearl street at right angles. At first, there was no interference with public travel. The railroad, in building its roadbed, lowered the grade two or three feet, but planks were laid between the rails,” and a wooden bridge…
2Cases cited4 opinions
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Mangam v. President & TrusteesAppellate Division of the Supreme Court of the State of New York · 1898
- Mangam v. President and Trustees, Village, Sing SingNew York Court of Appeals · 1900
- The City of New Rochelle v. . New Rochelle Coal LumberNew York Court of Appeals · 1918
3Cited by24 opinions
- Pless v. Town of RoyaltonAppellate Division of the Supreme Court of the State of New York · 1992
- Daetsch v. TaberAppellate Division of the Supreme Court of the State of New York · 1989
- In re County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1978
- Smigel v. Town of RensselaervilleAppellate Division of the Supreme Court of the State of New York · 2001
- Wills v. Town of OrleansAppellate Division of the Supreme Court of the State of New York · 1997
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