Legal Opinion

Lake Shore & Michigan Southern Railway Co. v. Chautauqua Traction Co.

New York Supreme Court

Decided May 15, 1907Published

Motion to dissolve a temporary injunction restraining the defendant from laying tracks upon North Portage street bridge in the village of Westfield.

1Opinion of the CourtPound, J.

Plaintiff owns and operates a steam railroad across Portage street in the village of Westfield. In the year 1905 it caused the traveled portion of Portage street to be carried over its tracks and right of way by an overhead bridge, which took the place of another bridge constructed for the same purpose by the plaintiff railroad company some years before. The defendant is a street railroad company with an established line upon maps intersecting the railroad of the plaintiff on North Portage street. Defendant intends to lay its tracks across said bridge without the. consent of the plaintiff and…

2Cases cited1 opinion

  1. Clean Street Railway Co. v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1902

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