Paige v. . Schenectady Railway Co.
New York Court of Appeals
Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered IVIay 11, 1903, which affirmed a judgment of Special Term enjoining the defendant from operating its railway upon any part of Washington avenue in front of the premises of each of such plaintiffs.
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Appeal in each of the above-entitled actions from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered IVIay 11, 1903, which affirmed a judgment of Special Term enjoining the defendant from operating its railway upon any part of Washington avenue in front of the premises of each of such plaintiffs. The trial judge made a short decision in each action, and also made findings of fact and directed the same to he attached to the decision therein. The Schenectady Street Railway Company, the predecessor of the defendant, obtained the consent of the…
1Opinion of the CourtMartin, J.
Although our decision in the case of Peck v. Schenectady Ry. Co. (170 N. Y. 298), where we held that the use of a city street for the purposes of a street surface railroad operated by electric power imposes an added burden upon the property rights of the owners of the fee of the street, is in conflict with the rule adopted in most other jurisdictions, yet, as that case was most carefully and thoroughly examined and considered and the conclusion reached that we should adhere to the former decision of this court upon the subject, that decision must now be regarded as final and conclusive, not…
2Cases cited34 opinions
- Fosdick v. SchallSupreme Court of the United States · 1879
- Kneeland v. American Loan & Trust Co.Supreme Court of the United States · 1890
- Union Pacific Railway Co. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of the United States · 1896
- Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
- Smith v. . City of RochesterNew York Court of Appeals · 1883
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3Cited by31 opinions
- Bradley v. . Degnon Contracting Co.New York Court of Appeals · 1918
- Fiebelkorn v. RogackiAppellate Division of the Supreme Court of the State of New York · 1952
- Hatfield v. . StrausNew York Court of Appeals · 1907
- Appleton v. . City of New YorkNew York Court of Appeals · 1916
- City of Albany v. StateNew York Court of Appeals · 1971
26 more not listed; retrieve them via the Exa API.