People ex rel. Kimball v. Boston & Albany Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term requiring defendant to build a bridge to carry the road of the Rensselaer and Columbia Turnpike Company, as required by the act chapter 648, Laws of 1874. It was contended upon the part of the railroad corporation that the act in question was unconstitutional.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, affirming an order of Special Term requiring defendant to build a bridge to carry the road of the Rensselaer and Columbia Turnpike Company, as required by the act chapter 648, Laws of 1874. It was contended upon the part of the railroad corporation that the act in question was unconstitutional. Defendant was created by the consolidation of certain other railroad corporations, under and by the act chapter 917, Laws of 1869. The act requiring defendant to build the bridge was unconstitutional. (Const.…
1Opinion of the CourtEarl, J.
The defendant’s railroad crossed the Rensselaer and Columbia turnpike in the town of East Greenbush, in Rensselaer county, and in 1874, the Legislature, by chapter 647 of the laws of that year, enacted that the defendant should, within one year, construct a bridge at the point of intersection of the railroad and turnpike, so®as to carry the turnpike over the railroad, in the manner particularly specified in the act. The railroad omitted to construct the bridge, and this order was made directing a peremptory mandamus to issue commanding it to do so.
Railroad corporations hold their property and…
2Cases cited1 opinion
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
3Cited by12 opinions
- Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Northern Pacific Railroad v. Washington Territory Ex Rel. DustinSupreme Court of the United States · 1892
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Ohio & Mississippi Railway Co. v. People ex rel. Attorney GeneralIllinois Supreme Court · 1887
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