Spring v. Delaware, L. & W. Railroad
New York Supreme Court
Appeal from judgment on report of referee. Action by George H. Spring against the Delaware, Lackawanna & Western Railroad Company. Judgment was entered in favor of plaintiff, and defendant appeals.
1Opinion of the CourtMerwin, J.
The plaintiff, in the year 1890 was, and still is, the-owner and in possession of a lot, with three dwelling houses thereon, on the east side of Baldwin street, in the city of Elmira. About December 1, 1890, the defendant, who, as owner or lessee, operated a railroad that passes through the city of Elmira, erected upon premises owned or leased and occupied by it in the city of Elmira, and situate opposite to and about 57 feet distant from the plaintiff’s premises, coal bins or pockets for the use of its road, and has ever since maintained and used them. It is found that the structure…
2Cases cited7 opinions
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Bohan v. Port Jervis Gaslight Co.New York Court of Appeals · 1890
- Morton v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Hill v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Cogswell v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1886
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3Cited by4 opinions
- Matthias v. Minneapolis, St. Pahl & Sault Ste. Marie Railway Co.Supreme Court of Minnesota · 1914
- Dean v. Southern Ry. Co. in MississippiMississippi Supreme Court · 1916
- Coleman v. City of New YorkNew York Supreme Court · 1901
- Emigrant Mission Committee of German Evangelical Lutheran Synod of Missouri v. Brooklyn Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1897