New York, Ontario & Western Railway Co. v. Crawford

Appellate Division of the Supreme Court of New York

New York, Ontario & Western Railway Co. v. Crawford

140 A.D. 942, 125 N.Y.S. 1134

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

DecidedNovember 15, 1910

StatusPublished

This text of 140 A.D. 942 (New York, Ontario & Western Railway Co. v. Crawford) 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

New York, Ontario & Western Railway Co. v. Crawford, 140 A.D. 942, 125 N.Y.S. 1134 (N.Y. Ct. App. 1910).

Pincite

Opinion

Per Curiam :

The depot and the fence standing for many years on the east opposite it fairly locate the plaintiff’s right of way. The premises sought to be acquired are described as contiguous and adjacent to said railroad, and it is diffi cult to see how it can be determined that they are not contiguous and adjacent. This part of the description necessarily controls the location. A reasonable effort to acquire the property failed. The judgment is, therefore, reversed upon the law and the facts, the referee discharged and a new trial granted, with costs to the appellant to abide the event. All concurred; Sewell, J.', not sitting. Judgment reversed on law and facts, referee discharged and new trial granted, with costs to appellant to abide event.

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Per Curiam :

The depot and the fence standing for many years on the east opposite it fairly locate the plaintiff’s right of way. The premises sought to be acquired are described as contiguous and adjacent to said railroad, and it is diffi cult to see how it can be determined that they are not contiguous and adjacent. This part of the description necessarily controls the location. A reasonable effort to acquire the property failed. The judgment is, therefore, reversed upon the law and the facts, the referee discharged and a new trial granted, with costs to the appellant to abide the event. All concurred; Sewell, J.', not sitting. Judgment reversed on law and facts, referee discharged and new trial granted, with costs to appellant to abide event.

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Bluebook (online)

140 A.D. 942, 125 N.Y.S. 1134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-york-ontario-western-railway-co-v-crawford-nyappdiv-1910.