Legal Opinion

Chenango Bridge Co. v. Lewis

New York Supreme Court

Decided May 7, 1872PublishedCited by 8 opinions

MOTION" for a new trial, upon exceptions, ordered to be heard at general term, after verdict for the plaintiff. The case was this. The plaintiffs were incorporated in 1808. {Laws of 1805, eh. 89 ; Laws of 1808, eh. 119.) By their charter they were tó erect a toll-bridge across the •Chenango river, for the accommodation of the public. And it was declared to be unlawful for any person to erect a bridge or establish a ferry within two miles of the plaintiffs’ bridge.

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MOTION" for a new trial, upon exceptions, ordered to be heard at general term, after verdict for the plaintiff. The case was this. The plaintiffs were incorporated in 1808. {Laws of 1805, eh. 89 ; Laws of 1808, eh. 119.) By their charter they were tó erect a toll-bridge across the •Chenango river, for the accommodation of the public. And it was declared to be unlawful for any person to erect a bridge or establish a ferry within two miles of the plaintiffs’ bridge. The charter was perpetual. Under this -charter the plaintiffs erected their bridge, and have ever since maintained it, except on…

1Opinion of the CourtP. Potter, J.

The plaintiffs seek to maintain this action upon this theory : That the Binghamton bridge was a nuisance; that the defendants’ testator erected and continued that nuisance; that by a familiar rule, all who are engaged in the commission of a nuisance, trespass, or other illegal act, are principals; and liable to respond in satisfaction for the whole. The defendants, in reply, contend that the bridge was not a nuisance. In this, I think, the defendants are mistaken. The United States court has decided that it was both contrary to law, and an infringement upon the plaintiffs’ legal rights. It…

2Cases cited16 opinions

  1. Nicholls v. WebbSupreme Court of the United States · 1823
  2. Fish v. DodgeNew York Supreme Court · 1847
  3. Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
  4. Mahan v. BrownNew York Supreme Court · 1835
  5. Ely v. . Supervisors of Niagara CountyNew York Court of Appeals · 1867

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3Cited by8 opinions

  1. Chipman v. . PalmerNew York Court of Appeals · 1879
  2. Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
  3. Rudd v. . RobinsonNew York Court of Appeals · 1891
  4. Sloggy v. DilworthSupreme Court of Minnesota · 1888
  5. Carey v. WilliamsCourt of Appeals for the Second Circuit · 1897

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