City of Buffalo v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of New York

City of Buffalo v. Delaware, Lackawanna & Western Railroad

99 N.Y.S. 1049

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1906

StatusPublished

This text of 99 N.Y.S. 1049 (City of Buffalo v. Delaware, Lackawanna & Western Railroad) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Buffalo v. Delaware, Lackawanna & Western Railroad, 99 N.Y.S. 1049 (N.Y. Ct. App. 1906).

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Opinion

PER CURIAM.

Judgment affirmed, with costs.

KRUSE, J.,

dissents on the ground that even if the statute applies, the facts found in the eighteenth and nineteenth findings of fact show that there was not an abandonment of the street, within the meaning of the statute, and that so far as the facts contained in the third conclusion of law are at variance with the facts found in the eighteenth and nineteenth findings of fact, the latter must control. See Nickell v. Tracy, 184 N. Y. 386, 77 N. E. 391.

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PER CURIAM.

Judgment affirmed, with costs.

KRUSE, J.,

dissents on the ground that even if the statute applies, the facts found in the eighteenth and nineteenth findings of fact show that there was not an abandonment of the street, within the meaning of the statute, and that so far as the facts contained in the third conclusion of law are at variance with the facts found in the eighteenth and nineteenth findings of fact, the latter must control. See Nickell v. Tracy, 184 N. Y. 386, 77 N. E. 391.

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Bluebook (online)

99 N.Y.S. 1049, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-buffalo-v-delaware-lackawanna-western-railroad-nyappdiv-1906.

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