Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Rome,. Watertown and Ogdenshurg Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 4th day of November, 1898, upon the decision •of the court rendered, after a trial at the Onondaga Special Term. This appeal was transferred from the fourth department to the third department.
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Appeal by the defendant, the Rome,. Watertown and Ogdenshurg Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Onondaga on the 4th day of November, 1898, upon the decision •of the court rendered, after a trial at the Onondaga Special Term. This appeal was transferred from the fourth department to the third department. The action was brought to restrain the defendant from operating its railroad over Marsh .street in the city of Syracuse, and to recover damages for injury resulting to the plaintiff’s property…
1Opinion of the Court
Herrick, J.:
This case has been twice before the court upon appeal, and the decisions thereon will be found in 67 Hun, 153, and 11 Appellate Division, 557.
The facts appearing now are substantially the same as they appeared upon such appeals, and are so fully stated there that it is unnecessary to repeat them here.
Upon both the.former appeals it has been held that the facts alleged and proved by the plaintiff constituted a cause of action against the defendant, and the trial now to be reviewed was had pursuant to the rulings upon such former appeals, and I think the orderly administration of…
2Cases cited6 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Fobes v. Rome, Watertown & Ogdensburg R. R.New York Court of Appeals · 1890
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Hill v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1893
- Long Island R.R. Co. v. . GarveyNew York Court of Appeals · 1899
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3Cited by3 opinions
- Stewart v. . TurneyNew York Court of Appeals · 1923
- Paige v. . Schenectady Railway Co.New York Court of Appeals · 1904
- Monacelli v. StateAppellate Division of the Supreme Court of the State of New York · 1945