New York Court of Appeals December 9, 1902 (Simone v. Kirk)

lead-opinion

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 9 In the spring of 1899 the defendants were engaged in removing ashes and cinders from the "Solvay Dump," so called, and using the same to ballast a railroad which they were constructing between the city of Syracuse and the village of