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The Auburn Branch


From the Cortland Democrat of Cortland, NY
Friday, October 27, 1893




An Interesting Case
Which Will Determine the Operation of a Railroad


   Alex. Cumming, esq. will submit the case against the O.& W. Railroad, to which the towns of Plymouth, Smyrna, DeRuyter, Otselic and Norwich are interested. The case is as follows :

   The O. & W. Railroad built a branch from Norwich to DeRuyter, receiving contributions from towns along the route. The towns were bonded on the condition that the branch should be maintained. After the road had been operated for eight years the rails were taken up and the route abandoned.

   An action was brought in the Supreme Court to compel the company to operate the road. The Court sustained the complaint. An appeal was taken to the general term. After the decision of the general term the case was referred to Hon. S. D. Halliday of Ithaca and evidence was taken. D. B. Cushman of Norwich with Alex. Cummings as associate, appeared for the towns. The case will be submitted in November. It is believed the O. & W. will be compelled to operate the branch or pay damages. - Herald




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