Aikin v. . the Western Railroad Corporation
New York Court of Appeals
Appeal from the judgment of the Supreme Court, at general term in the third district, upon a case submitted without action under the 372d section of the Code. The facts agreed upon by the parties are these: By chapter 262 of 1836, the Albany and West Stockbridge Railroad Company was authorized to make the western termination of its road at a. point opposite the city of Albany, in the town of Greenbusk.
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Appeal from the judgment of the Supreme Court, at general term in the third district, upon a case submitted without action under the 372d section of the Code. The facts agreed upon by the parties are these: By chapter 262 of 1836, the Albany and West Stockbridge Railroad Company was authorized to make the western termination of its road at a. point opposite the city of Albany, in the town of Greenbusk. By chapter 111 of 1840, the company was authorized to construct one or more depots in the city of Albany, and to connect the same with its railroad by a single or double track, with the consent…
1Opinion of the CourtSelden, J.
By the ■ agreement between the plaintiffs and the corporation of the city of Albany, dated Oct. 1, 1852, the latter demise to the former, for the period of twelve years, from the date of said agreement, the “sole and exclusive” right of ferrying across the Hudson, opposite the original four wards' of the city; excepting, however, any right theretofore granted, or which might thereafter he granted-to any railroad company, whose road might terminate on the east side of the river, opposite the said four wards; such rights to be confined to the passengers and freight upon, and the agents and…
2Cases cited1 opinion
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