Andrus v. National Sugar Refining Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The National Sugar Refining Company and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 11th day of July, 1903, upon the decision of the court, rendered after a trial at the Westchester Special Term, in an action to establish a right of way and to enjoin the defendants from obstructing the same by means of a railroad siding.
1Opinion of the Court
Per Curiam :
This case has been before us on a previous appeal. (Andrus v. National Sugar Refining Co., 72 App. Div. 551.) It has been retried, in accordance with the view of the law then expressed by Mr. Justice Jenks, and has resulted in a judgment for the plaintiff declaring him to be entitled to the right of way which he claims and ¿ranting other relief. We have been asked, upon the appeal from this judgment, to reconsider and reject the legal propositions involved in our former decision; and in deference to the learned counsel for the appellants we have carefully reviewed them in the…
2Cases cited3 opinions
- Welsh v. . TaylorNew York Court of Appeals · 1892
- Smyles v. . HastingsNew York Court of Appeals · 1860
- Andrus v. National Sugar Refining Co.Appellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. GriswoldIndiana Court of Appeals · 1912