Troy & Boston Railroad Co. v. Boston, Hoosac Tunnel & Western Railway
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 27, 1880, which affirmed a judgment in favor of plaintiff entered on a decision of the court on trial at Special Term. This action was brought by plaintiff, claiming under a lease from the Albany & Vermont Railroad Company to restrain defendants from entering upon the demised premises and laying tracks thereon, etc.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 27, 1880, which affirmed a judgment in favor of plaintiff entered on a decision of the court on trial at Special Term. This action was brought by plaintiff, claiming under a lease from the Albany & Vermont Railroad Company to restrain defendants from entering upon the demised premises and laying tracks thereon, etc. The material facts are stated in the opinion. The amendment, by the Albany & Vermont Company, of its articles of association, in February, 1878, was…
1Opinion of the CourtDanforth, J.
This appeal has been elaborately argued, both upon the facts and the law; and while many of the propositions present questions of difficulty, there is, I think, no doubt upon the case, stated that the plaintiff failed to bring it within any rule or principle which justifies the interference of a- court of equity. This conclusion makes it necessary to state with some fullness the circumstances disclosed by the trial court.
In 1852 or 1853, The Albany 27orthem Railroad Company was organized under the General Railroad Law (Laws of 1850, chap. 140), for the purpose of building a railroad from…
2Cases cited13 opinions
- The People v. . the Albany and Vermont Railroad CompanyNew York Court of Appeals · 1862
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Abbott v. Johnstown, Gloversville & Kingsboro Horse RailroadNew York Court of Appeals · 1880
- Corporation of New York v. MapesNew York Court of Chancery · 1822
- Carpenter v. . the Oswego and Syracuse Railroad CompanyNew York Court of Appeals · 1861
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- State v. . DixonSupreme Court of North Carolina · 1939
- Hahl v. . SugoNew York Court of Appeals · 1901
- State v. DixonSupreme Court of North Carolina · 1939
- Baron v. . KornNew York Court of Appeals · 1891
14 more not listed; retrieve them via the Exa API.