City of Buffalo v. New York, Lake Erie & Western Railroad

Superior Court of Buffalo

City of Buffalo v. New York, Lake Erie & Western Railroad

23 N.Y.S. 309

DecidedMay 15, 1893

StatusPublished

This text of 23 N.Y.S. 309 (City of Buffalo v. New York, Lake Erie & Western Railroad) is published on Counsel Stack Legal Research, covering Superior Court of Buffalo 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. New York, Lake Erie & Western Railroad, 23 N.Y.S. 309 (N.Y. Super. Ct. 1893).

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Opinion

TITUS, C. J.

The facts in this case are similar in all respects to the facts in the case bearing the same title, and designated “No. 1.” 23 N. Y. Supp. 303. It was stipulated on the trial that the evidence taken in No. 1 should be considered as applicable to this case. The plaintiff here claims that the ■defendant violated section 1, c. 5, of the city ordinances, in crossing Main street at a greater rate of speed than six miles an hour. A judgment of §50 was given against the defendant by the court below. It was determined in the other case that the ordinance regulating the rate of speed was not invalid, and the plaintiff was entitled to recover. It appears here, and is un•disputed, that on the 25th day of March, 1892, the defendant did pass its train across Main street at a greater rate of speed than six miles an hour. The facts being undisputed, the judgment of the court below should be .affirmed, with costs. All concur.

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TITUS, C. J.

The facts in this case are similar in all respects to the facts in the case bearing the same title, and designated “No. 1.” 23 N. Y. Supp. 303. It was stipulated on the trial that the evidence taken in No. 1 should be considered as applicable to this case. The plaintiff here claims that the ■defendant violated section 1, c. 5, of the city ordinances, in crossing Main street at a greater rate of speed than six miles an hour. A judgment of §50 was given against the defendant by the court below. It was determined in the other case that the ordinance regulating the rate of speed was not invalid, and the plaintiff was entitled to recover. It appears here, and is un•disputed, that on the 25th day of March, 1892, the defendant did pass its train across Main street at a greater rate of speed than six miles an hour. The facts being undisputed, the judgment of the court below should be .affirmed, with costs. All concur.

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Bluebook (online)

23 N.Y.S. 309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-buffalo-v-new-york-lake-erie-western-railroad-nysuperctbuf-1893.

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