Geneva & W. Ry. Co. v. New York Cent. & H. R. R.
New York Supreme Court
Appeal from special term, Monroe county. Proceeding by the Geneva & Waterloo Railway Company against the New York Central & Hudson River Railroad Company for lie appointment of commissioners to determine the place and manner of the crossing of defendant’s railroad tracks by plaintiff’s tracks. From an order denying a motion to vacate an order permitting plaintiff to lay its tracks across the roadbed and tracks of defendant, defendant appeals. Affirmed.
1Opinion of the CourtBradley, J.
The plaintiff, a corporation created and organized, pursuant to the "railroad law,” to construct and operate a street surface railroad in North street, from the village of Geneva into the village of Waterloo, obtained the requisite consents of the abutting property owners, and proceeded to lay its tracks in that street. The completion of its railway required the intersection of the defendant’s railroad, which crosses that highway. The plaintiff, being unable to agree with the defendant as to the manner of or compensation for the crossing, applied upon petition to the court for the appointment…
2Cases cited5 opinions
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- People Ex Rel. Kimball v. . B. and A.R.R. Co.New York Court of Appeals · 1877
- Bost'n and A.R.R. Co. v. . Vil. of Greenb'shNew York Court of Appeals · 1873
- President, Managers & Directors of the Delaware & Hudson Canal Co. v. Village of WhitehallNew York Court of Appeals · 1882
- Buffalo, Bellevue & Lancaster Railroad v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
3Cited by5 opinions
- G. W. Ry. Co. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1900
- Geneva & Waterloo Railway Co. v. New York Central & Hudson River RailroadNew York Court of Appeals · 1900
- Geneva & Waterloo Railway Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Hass v. PettingillAppellate Terms of the Supreme Court of New York · 1899
- Oneonta, Cooperstown & Richfield Springs Railway Co. v. Cooperstown & Charlotte Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1903