Gould v. . Hudson River Railroad Company
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the second district, where a judgment entered in favor of the defendant, on demurrer to the complaint, had been affirmed.
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Appeal from the general term of the Supreme Court, in the second district, where a judgment entered in favor of the defendant, on demurrer to the complaint, had been affirmed. (Reported below, 12 Barb. 616.) This was an action to recover damages sustained by the plaintiff, in consequence of the construction of the defendant’s railroad between the plaintiff’s farm and the channel of the Hudson river. *The complaint alleged that the plaintiff was, -I and for three years past had been, the owner and in the actual occupation and possession of a farm of land, in the town of Stockport, in the…
1DissentEdmonds, J.
(DissenUng.) — The plaintiff is the owner of a farm of land, in the county of Columbia, on the east bank of the Hudson river, which has a front of two thousand feet on that river. The river is navigable there for ships of the largest tonnage, and the tide ebbs and flows more than forty miles higher up the river. Both above and below this spot, the river is in common and public use for purposes of ferriage, fishing and navigation.
The defendants were incorporated in 1846, with authority to construct a railroad from the city of New York to the city of Albany, through the counties immediately…
2Cases cited28 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
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- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
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