Legal Opinion

Byrne v. City of Syracuse

New York Supreme Court

Decided July 15, 1894Published

Appeal from circuit court, Onondaga county. Action by Edward F. Byrne against the city of Syracuse. From a judgment entered on a verdict for $2,000 in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals.

1Opinion of the CourtHardin, P. J.

In June, 1890, the common council of the city granted a franchise to the Syracuse & Onondaga Railroad Company to build a double-track road over the center of Salina street from the swing bridge south to Brighton Corners. The tracks-were laid under a grade fixed by the city engineer, and at a point near where the accident occurred the grade was raised some two-feet above the original roadbed. The center of the street was filled in by the railroad company, and its tracks were then laid' upon the filling, which extended some two feet outside of the center rails. The work was commenced the fore…

2Cases cited7 opinions

  1. Pettengill v. . City of YonkersNew York Court of Appeals · 1889
  2. Durkin v. City of TroyNew York Supreme Court · 1872
  3. Sherman v. Village of OneontaNew York Supreme Court · 1892
  4. Campbell v. New York Cent. & H. R. R. Co.New York Supreme Court · 1888
  5. Cummins v. . City of SyracuseNew York Court of Appeals · 1885

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