Drake v. Hudson River Railroad
New York Supreme Court
This was an application by the plaintiffs, who represented themselves to be owners of real estate fronting upon, and bounded by, Hudson and other streets in the city of New-York, in and through which the Hudson River Railroad had been laid out, for an order or injunction restraining the defendants from laying down a double track of rails, or any track of rails, whether single or double, of any kind whatever, with suitable curves and turnouts, or otherwise, from the northerly…
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This was an application by the plaintiffs, who represented themselves to be owners of real estate fronting upon, and bounded by, Hudson and other streets in the city of New-York, in and through which the Hudson River Railroad had been laid out, for an order or injunction restraining the defendants from laying down a double track of rails, or any track of rails, whether single or double, of any kind whatever, with suitable curves and turnouts, or otherwise, from the northerly line of Canal-street, at West-street, through Canal and Hudson streets, to Chambers-, street, or any where within the…
1Opinion of the CourtJones, P. J.
The acts of the legislature referred to by the plaintiffs in their complaint, authorized and empowered the stockholders of the Hudson River Railroad Company to construct a single, double, or treble railroad, or way, between the cities of New-York and Albany, commencing in the city of New-York, with the consent of the corporation of that city, and passing through the counties therein mentioned, and ending at some point on the Hudson river, in the county of Rensselaer, opposite the city of Albany, to be laid with an iron rail of the weight therein mentioned, and to transport, take, or carry any…
2Cases cited4 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Hamilton v. New-York & Harlem Rail RoadNew York Court of Chancery · 1841
3Cited by54 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Pettigrew v. Village of EvansvilleWisconsin Supreme Court · 1870
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
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