New York Central & Hudson River Railroad v. City of Buffalo
New York Court of Appeals
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1909, affirming in part and reversing in part a judgment in favor of defendant entered upon a decision of the court on trial at Special Term.
Read the full summary
Cross-appeals from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 4, 1909, affirming in part and reversing in part a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to restrain the defendant from extending Delavan avenue, in the city of Buffalo, across the tracks of the plaintiff, and from constructing and maintaining a grade crossing at such point. The trial court determined that the defendant was the owner in fee of a strip of land across plaintiff’s right of…
1Opinion of the CourtChase, J.
It is not disputed that a railroad corporation on June 23, 1853, purchased in fee that tract of land “bounded by the two outward lines of the railroad constructed or to be constructed by the said company.” The lands so described, so far as now under consideration, are further described as being seventy-five feet wide across lot 13 mentioned in the deed conveying said property. The plaintiff is the successor of such railroad corporation.
About the time when such land was purchased by it, the corporation constructed railroad tracks thereon, and it, with other lands constituting its roadway, has…
2Cases cited12 opinions
- 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
- Suburban Rapid Transit Co. v. Mayor of New YorkNew York Court of Appeals · 1891
- Chicago & Northwestern Railway Co. v. Town of CiceroIllinois Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Board of Cooperative Educational Services v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2000
- Perlmutter v. Four Star Development AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- City of Mechanicville v. Town of HalfmoonAppellate Division of the Supreme Court of the State of New York · 2005
- E & J Holding Corp. v. NotoAppellate Division of the Supreme Court of the State of New York · 1987
- Romanoff v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 2008
22 more not listed; retrieve them via the Exa API.