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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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