Jennings v. Delaware, Lackawanna & Western Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the Delaware, Lackawanna and Western Railroad Company and another, from an order of the Supreme Court, made at the Madison Special Term and entered in the office of the clerk of the. county of Otsego on the 10th day of November, 1904, overruling the objections of the defendants confirming the report of commissioners appointed under section 12 of the Railroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1892, chap. 6Y6) to determine the point and…
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Appeal by the defendants, the Delaware, Lackawanna and Western Railroad Company and another, from an order of the Supreme Court, made at the Madison Special Term and entered in the office of the clerk of the. county of Otsego on the 10th day of November, 1904, overruling the objections of the defendants confirming the report of commissioners appointed under section 12 of the Railroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1892, chap. 6Y6) to determine the point and manner of a track connection between the railroad of the defendants and that of the Oneonta, Cooperstown and Richfield…
1Opinion of the Court
Parker, P. J.:
By subdivision 5 of section 4 of the Railroad Law any railroad company is given the right to “ cross, intersect, join or unite its railroad ” with any other railroad before constructed, at any point on its route, and upon the ground of such other railroad company, with the necessary turnouts, sidings, switches and other conveniences in furtherance of the objects of its connections. Here seems to be a plain authority to the company represented by the respondents to join or unite its road with the appellants’ road. Such right to connect does not seem to be limited to those roads…
2Cases cited3 opinions
- In re Proceedings by the Boston, Hoosac Tunnel & Western Railway Co.New York Court of Appeals · 1879
- Hornellsville Electric Railway Co. v. New York, L. E. & W. RailroadNew York Supreme Court · 1894
- New York, Lackawanna & Western Railway Co. v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Ball v. New York Central RailroadNew York Court of Appeals · 1920
- Ball v. . N.Y.C.R.R. Co.New York Court of Appeals · 1920
- Village of Waverly v. Waverly, Sayre & Athens Traction Co.Appellate Division of the Supreme Court of the State of New York · 1909