Chenango Bridge Co. v. Lewis
New York Supreme Court
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
- Nicholls v. WebbSupreme Court of the United States · 1823
- Fish v. DodgeNew York Supreme Court · 1847
- Fort Plain Bridge Co. v. . SmithNew York Court of Appeals · 1864
- Mahan v. BrownNew York Supreme Court · 1835
- Ely v. . Supervisors of Niagara CountyNew York Court of Appeals · 1867
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Chipman v. . PalmerNew York Court of Appeals · 1879
- Chenango Bridge Co. v. . PaigeNew York Court of Appeals · 1880
- Rudd v. . RobinsonNew York Court of Appeals · 1891
- Sloggy v. DilworthSupreme Court of Minnesota · 1888
- Carey v. WilliamsCourt of Appeals for the Second Circuit · 1897
3 more not listed; retrieve them via the Exa API.