Legal Opinion

People v. Fishkill & Beekman Plank Road Co.

New York Supreme Court

Decided March 2, 1857PublishedCited by 14 opinions

THIS was an action in the nature of a quo warranto, brought by the attorney general, in the name of the people, for the purpose of forfeiting the .defendants’ chapter. It was tried at the circuit in Dutchess county, upon issues which were submitted to a jury. Upon their verdict, in favor of the plaintiffs, the counsel for the people moved for judgment; whereupon the following opinion was delivered.

1Opinion of the CourtEmott, J.

Some of the questions discussed • upon the present argument have been examined in a former action, brought against these defendants by the town of Fishkill. In that case I came to the conclusion that so much of the act passed April 15, 1854, entitled “An act to release the Fishkill and Beekman Plank Boad Company from the construction of part of their road, and for other purposes,” as discharges the defendants from the condition imposed by their charter, of carrying on their road from the point it had reached to their appointed terminus, was valid, while all the residue was unconstitutional…

2Cases cited1 opinion

  1. People ex rel. Bishop v. Kingston & Middletown Turnpike Road Co.New York Supreme Court · 1840

3Cited by14 opinions

  1. People ex rel. Crowell v. LawrenceNew York Supreme Court · 1862
  2. State v. Central Lumber Co.South Dakota Supreme Court · 1909
  3. State ex rel. Hahn v. Minnesota Central Railway Co.Supreme Court of Minnesota · 1886
  4. People v. North River Sugar Refining Co.New York Circuit Court · 1889
  5. State ex rel. Crossland v. Omaha & Council Bluffs Railway & Bridge Co.Supreme Court of Iowa · 1894

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