Legal Opinion

Rathbun v. N. Y., N. H. & H. R. R.

Supreme Court of Rhode Island

Decided April 30, 1897PublishedCited by 1 opinion

Action to recover damages for obstructing a passway under defendant’s railroad.

1Opinion of the CourtStiness, J.

The New York, Providence and Boston Railroad Company located its road through the land of Martha Greene, in North Kingstown, building an embankment for its road-bed, which separated the land into two parts.

Upon the complaint of Mrs. Greene, a bridge was put in for a passway between the two parts. The building of the road began in 1834, and trains were running in 1837.

The date and circumstances when the bridge was put in do not further appear, but we do not think that they are material. The commissioners to estimate damages caused by the layout awarded $700 to Mrs. Greene, and stated in their…

2Cases cited2 opinions

  1. Stewart v. Cincinnati, Wabash & Michigan Railway Co.Michigan Supreme Court · 1891
  2. Swan v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887

3Cited by1 opinion

  1. Vandalia Railroad v. FurnasIndiana Supreme Court · 1914

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