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Tonawanda Valley & Cuba Railroad v. New York, Lake Erie & Western Railroad

33 N.Y. St. Rep. 620 Court N.Y. Decision date 1890-10-21 English

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p. 620
The Tonawanda Valley & Cuba Railroad Co. and Bird W. Spencer, as Receiver, Resp’ts, v. The New York, Lake Erie & Western Railroad Co., App’lt.
(Court of Appeals,
Filed October 21, 1890.)

The facts are substantially the same in this case as in The Bradford, Eldred & Cuba Railroad Company v. The Same Defendant, and the cases were argued together.

For the reasons given in the other case, the judgment herein should also be reversed and a new trial granted, with costs to abide the event.

Andrews, Earl, Gray and O’Brien, JJ., concur; Ruger, Oh. J., and Finch, J., dissent.