Smith v. Boston & Albany Railroad

92 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1905-01-04 English

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p. 1146

SMITH v. BOSTON & A. R. CO. et al.

(Supreme Court, Appellate Division, Third Department.

January 4, 1905.)

Action by Albert T. Smith, as trustee, against the Boston & Albany Railroad Company, the New York Central & Hudson River Railroad Company, lessee, and the town of Kinderhook. No opinion. Motion for leave to appeal to Court of Appeals granted, and question certified: “Does the complaint state a cause of action against the defendant the town of Kinderhook?”