Hudson & Delaware Canal Co. v. New-York & Erie Rail Road
New York Court of Chancery
This was an application for an injunction, to restrain the New-York and Erie Rail Road Company, and its officers and agents, from constructing the railway of that company between the Delaware section of the complainants’ canal and the river Delaware, or on the berme side of that section between the canal and the crown of the cliffs above the same.
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This was an application for an injunction, to restrain the New-York and Erie Rail Road Company, and its officers and agents, from constructing the railway of that company between the Delaware section of the complainants’ canal and the river Delaware, or on the berme side of that section between the canal and the crown of the cliffs above the same. The bill, after setting forth the original act incorporating the Delaware and Hudson Canal Company, for the purpose of making a slack water navigation between the rivers Delaware and Hudson, the act of April, 1824, giving to that company the same…
1Opinion of the Court
The Chancellor.
The question presented for consideration in this case is one of very great consequence to the complainants, if their apprehensions of injury to their canal *327from the making of the rail road upon its margin are well founded. And it is also of vast importance to the New-York and Erie Rail Road Company, if its officers and agents are right in their estimate of the benefit it will derive from the adoption of the contemplated route for its road, instead of the more northern location through the interior of the county of Sullivan. If it is impossible to construct the road by the…
2Cited by15 opinions
- Gardner v. . OgdenNew York Court of Appeals · 1860
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Adams v. Saratoga & Washington RailroadNew York Supreme Court · 1851
- Matter of Poughkeepsie Bridge CompanyNew York Court of Appeals · 1888
- Erie Railroad Co. v. . StewardNew York Court of Appeals · 1902
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