Railroad Crossing Case Sets Precedent

The Cortland News, Friday, March 6, 1885

Railroad Crossing Case.

   The Court of Appeals on Tuesday of this week handed down a decision in the proceeding by the Cortland and Homer Horse Railroad Company to acquire a crossing over the Syracuse, Binghamton & New York railroad in this town. The decision is favorable to the Horse railroad company as the court affirmed the decision of the lower courts.

   This is the end of a long and spirited legal contest in which the Syracuse, Binghamton & New York railroad company were represented by able counsel, and spared no expense in fighting every point. The commissioners appointed to locate the crossing were Hon. S. D. Halliday, Hon. S. F. Miller and W. B. Gilbert, Esq., Civil Engineer, and their report was confirmed, first by the special term, second by the general term and now by the Court of Appeals.

   The Special Term also made an order that the S., B. & N. Y. railroad should pay the costs of the litigation and this order was also affirmed by the Court of Appeals. In disposing of this branch of the proceeding the Court of Appeals settled a question which was entirely new in the courts, for it had been doubted; whether the owners of the road proposed to be crossed could in any case be made liable for the costs, in view of the constitutional provision that "private property should not be taken for public use without just compensation.”

   The decision just handed down virtually ends the struggle, and the Horse Railroad Company can now put in their crossing without further molestation. Duell & Benedict were the attorneys for the Horse Railroad Co.; Jenney, Brooks, Marshall & Ruger, of Syracuse, were the attorneys for the steam railroad company. The costs of the proceeding on both sides will probably amount to at least $3,000.

 

CORTLAND AND VICINITY.

   Miss Blanch Hazlett, who is well known in Cortland county, will speak on the subject of temperance, in the M. E. church, Sunday evening, March 8th, 1885.

   Santee and the Evans Branch gallery have reduced the price of pictures throughout. Cabinets can now be had tor $4.00 per dozen, and other kinds accordingly.

   J. A. Viele opened a shop just east of Benton's planing mill, and is now manufacturing all kinds of architectural furniture, foundry patterns.etc. He has recently put in a boiler and engine and reports a good trade.

   Parties in Auburn challenged Lumbard, of Moravia, to skate a three mile race with James Burdick, of this place, for $50.00 a side. Lumbard accepted the challenge and the race will be skated at the Genesee [roller skate] rink, Auburn, this evening.

   The new electric lamps that have been put up give much better satisfaction than the old ones, as the light is steadier. A new one will soon be placed in position at the intersection of Main and Court street.

   Wishing to make a collection of the pictures of all persons who have passed the time of life allotted to mankind, Santee, the photographer will take a cabinet picture free of all those over eighty years of age applying to him [wishing we had those photos—CC editor].

   For some time past the boys have been amusing themselves by coasting on Prospect street. After scaring several teams and meeting with hairbreadth escapes the Trustees have ordered the discontinuance of the sport.

  

South Cortland, March 4, 1885.

   The sick in our vicinity are regaining health slowly.

   There was a surprise party at Mr. Guy Thompson's last Tuesday evening.

    Eighty persons old and young attended the Grange social at Amasa Shearer’s last Wednesday evening. The verdict of each participant was, a good time.

   The injuries of Mrs. La Mont, who was run over by a horse driven by Miss Stella Shaw, last week, at Cortland, are not as severe as was at first supposed.

   The latest sensation which is agitating our quiet community is neither an elopement, suicide, nor yet an earthquake, but it bids fair to result in something quite serious before the winter is over. Never mind "Pete," it’s all in the family.

   Hard times still prevail in this vicinity and money is as scarce as hen's teeth. The prospect tor better times does not look very favorable at present.

   Miss Mary Hunt, of Chicago [west of and adjacent to South Cortland—CC editor], is to be our new "school marm" at the corners, and will train the youthful mind during the summer.

   Married, at the residence of the bride's parents in Marathon, Feb. 25th, by Rev. Mr. Todd, Clinton Francis of South Cortland, to Miss Hattie Johnson of Marathon. Both parties are well and favorably known here, the former as a successful farmer and one of our leading society gentlemen; and the latter is a brilliant and accomplished young lady. That their future may prove as bright and happy as the present promises, is the sincere wish of their many friends, one of which is the writer.

 

East Scott, March 4, 1885.

   S. D. Ames has recently built an ice house.

   H. E. Underwood is quite ill with the asthma, being confined to the house nearly all the time.

   Jay Underwood is doing the courting this week.