New York Cement Co. v. Consolidated Rosendale Cement Co.
New York Court of Appeals
Appeals from judgments of the Appellate Division of the Supreme Court in the third judicial department, entered June 8, 1903, affirming judgments in favor of defendants entered upon dismissals of the complaints by the court at a Trial Term. The nature of the actions and the facts, so far as material, are stated in the opinion. The canal in question is a public highway.
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Appeals from judgments of the Appellate Division of the Supreme Court in the third judicial department, entered June 8, 1903, affirming judgments in favor of defendants entered upon dismissals of the complaints by the court at a Trial Term. The nature of the actions and the facts, so far as material, are stated in the opinion. The canal in question is a public highway. (Selden v. D. & H. C. Co., 29 N. Y. 634 ; L. S. & M. S. R. R. Co. v. U. S., 93 U. S. 442 ; G. B. Co. v. Smith, 128 U. S. 174 ; Beekman v. S. & S. R. R. Co., 3 Paige, 45 ; People v. N. Y., L. E. & W. R. R. Co., 22 Hun, 533 ;…
1Opinion of the CourtBabtlett, J.
Action Ho. 1 seeks to prevent the collection of illegal canal tolls, and action Ho. 2 to restrain defendant from excluding plaintiff’s boats and freight from the canal in question. These actions were tried and argued together on one set of briefs, although there are two records.
Ho opinions were written below after the trial of the actions, but two were handed down at Special Term and one in the Appellate Division on motions for injunctions pendente lite. (37 Misc. Rep. 746 ; 38 Misc. Rep. 518 ; 76 App. Div. 285.). The question presented -by these appeals is an exceedingly narrow one when the…
2Cases cited14 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Covington Stock-Yards Co. v. KeithSupreme Court of the United States · 1891
- Corning v. . Troy Iron and Nail FactoryNew York Court of Appeals · 1869
- Mills v. HallNew York Supreme Court · 1832
- The West Point Iron. Co. v. . ReymertNew York Court of Appeals · 1871
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