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City of Corning v. New York Central & Hudson River Railroad

214 N.Y. 644 Court N.Y. Decision date 1915-02-25 English

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p. 644
The City of Corning, Appellant, v. New York Central and Hudson River Railroad Company et al., Respondents.
(Argued February 5, 1915;
decided February 25, 1915.)

Headnote

City of Corning v. N. Y. C. & H. R. R. R. Co., 153 App. Div. 938 , affirmed.
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 2, 1912, affirming so much of a judgment of the court at a Trial Term as decided that the defendants were not liable for part of the claim set forth in the plaintiff’s complaint in an action to recover an amount expended by plaintiff in making repairs to a bridge over tracks of the defendants.
James O. Sebring and Frank H. Hausner for appellant.
Albert H. Harris for respondents.

Judgment affirmed, with costs; no opinion.

p. 645
Concur: Willard Bartlett, Ch. J., Hiscock, Chase, Cuddeback, Hogan and Miller, JJ. Dissenting: Seabury, J., on the ground that the entire structure between the two stone abutments constituted the framework of the bridge within the meaning of the statute.