People ex rel. City of Buffalo v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from a final order of the Appellate Division of the Supreme Court in the fourth judicial department, entered. March 22, 1898, affirming an order of the Special Term directing that a peremptory writ of mandamus issue against the defendant company requiring it to cause Ideal street, in the city of Buffalo, to be taken across certain of its tracks. The facts, so far as material, are stated in the opinion.
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Appeal from a final order of the Appellate Division of the Supreme Court in the fourth judicial department, entered. March 22, 1898, affirming an order of the Special Term directing that a peremptory writ of mandamus issue against the defendant company requiring it to cause Ideal street, in the city of Buffalo, to be taken across certain of its tracks. The facts, so far as material, are stated in the opinion. The affidavits read on behalf of the defendant in opposition to the application for a peremptory writ of mandamus have not been controverted in any manner by the relator. The facts set…
1Opinion of the CourtBartlett, J.
The city of Buffalo, proceeding under chapter 62 of the Laws of 1853, entitled “ An act to regulate the construction of roads and streets across railroad tracks,” procured an order for a writ of peremptory mandamus from the Special Term, directing the defendant company to cause Ideal street in that city to be taken across its tracks, so as to be convenient for public travel, and cause all necessary embankments, excavations and other work to be done on its road for that purpose.
The Appellate Division unanimously affirmed this order, and an appeal was taken to this court.
The defendant railroad…
2Cases cited10 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- In Re Haebler v. . N.Y. Produce ExchangeNew York Court of Appeals · 1896
- Matter of City of BuffaloNew York Court of Appeals · 1877
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
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3Cited by7 opinions
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- People ex rel. City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1899
- Normandie Oil Corp. v. Oil Trading Co.Court of Appeals of Texas · 1940
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