Munro v. Syracuse, Lake Shore & Northern Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Isaac H. Munro and another, individually and as executors, etc., from a judgment of the Supreme Court in'favor of the defendant, entered in the office of the clerk of the county of Onondaga on the 9th day of January, 1908, upon the decision of the court, rendered after a trial at the Onondaga Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Spring, J.:
In May, 1899, the appellants, as executors, acting within the scope of their authority, entered into a written agreement with the Syracuse, Lakeside and Baldwinsville Railroad Company, a domes*389tic street surface railway corporation, whereby they granted a right of way across the fami of their testator. In consideration of the grant the railroad company agreed to perform certain obligations, which are unimportant in this case'; and further agreed to issue annually to the parties of the first part during their several lives a pass over its railway, and also another annual pass to the…
2Cases cited6 opinions
- Hoard v. Chesapeake & Ohio RailwaySupreme Court of the United States · 1887
- O'Neil v. . Van TasselNew York Court of Appeals · 1893
- Dolph v. . WhiteNew York Court of Appeals · 1855
- Wilmurt v. McGraneAppellate Division of the Supreme Court of the State of New York · 1897
- Dickey v. Kansas City & Independence Rapid Transit Railway Co.Supreme Court of Missouri · 1894
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3Cited by2 opinions
- Paulmyra Holding Corp. v. Second Church of Christ ScientistNew York Supreme Court · 1941
- Novak & Rehner, Inc. v. StateNew York Court of Claims · 1948