Legal Opinion

Mohawk Bridge Co. v. Utica & Schenectady Rail Road

New York Court of Chancery

Decided July 18, 1837PublishedCited by 68 opinions

This was an application for an injunction, by the Mo% hawk Bridge Company and 24 others, to restrain the defendants from erecting a bridge for the passage of their railway across the Mohawk river at the city of Schenectady.

Read the full summary

This was an application for an injunction, by the Mo% hawk Bridge Company and 24 others, to restrain the defendants from erecting a bridge for the passage of their railway across the Mohawk river at the city of Schenectady. The Mohawk Bridge Company were the owners of a toll bridge across the river about one hundred rods above where the defendants had commenced and were proceeding to erect their bridge for the passage of their rail road cars, locomotive engines and passengers on their railway; and the other complainants were land owners adjoining the river. The Mohawk Bridge Company alleged…

1Opinion of the Court

The Chancellor.

Being satisfied upon, the hearing of this application that a preliminary injunction ought not to be granted, I have delayed the decision to give the Mohawk Bridge Company an opportunity, if they thought proper, to try the question in a suit at law against the defendants, whether .the carrying of passengers across the river in the rail road Cars, on their way to different places op the line of the road, was an infringement of the charter of the bridge company, as. alleged in the bill in this cause. But perceiving from the published reports of the proceedings of the le*561gislature…

2Cases cited1 opinion

  1. Rogers v. BurkNew York Supreme Court · 1813

3Cited by68 opinions

  1. Attorney General v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1874
  2. Union Pacific Railroad v. HallSupreme Court of the United States · 1876
  3. Bridge Proprietors v. Hoboken Co.Supreme Court of the United States · 1864
  4. Syracuse Water Co. v. . City of SyracuseNew York Court of Appeals · 1889
  5. People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882

63 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API