Legal Opinion
Miller v. State
Appellate Division of the Supreme Court of the State of New York
Decided May 8, 1930PublishedCited by 33 opinions
1Opinion of the CourtWhitmyer, J.
Claimants own a farm of about sixty-eight acres on the westerly side of the West Shore railroad, on a dirt road called “ Old State Road,” but a town road, in the town of Guilderland, Albany county, N. Y. The farm adjoins the road for about 1,400 feet. The house is about 650 feet westerly of the tracks. They also operate another farm on the easterly side of the tracks, under a lease. The dirt road crossed the tracks and the crossing was eliminated. Prior to the elimination it was at grade. In the elimination the dirt road was fenced off at the crossing, a short distance westerly of the tracks,…
2Cases cited3 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Smith v. . Boston Albany Railroad Co.New York Court of Appeals · 1905
- In re the Proceedings, under the Grade Crossing Elimination ActAppellate Division of the Supreme Court of the State of New York · 1929
3Cited by33 opinions
- Jones Beach Boulevard Estate, Inc. v. MosesNew York Court of Appeals · 1935
- Holmes v. StateAppellate Division of the Supreme Court of the State of New York · 1952
- Muse v. Mississippi State Highway CommissionMississippi Supreme Court · 1958
- Van Aken v. State of New YorkNew York Court of Appeals · 1933
- Coffey v. State of New YorkNew York Court of Appeals · 1944
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