Bloodgood v. Mohawk & Hudson Railroad
New York Supreme Court
[10] [11] Error from the supreme court. The plaintiff declared in trespass quare clausumfregit, alleging that the defendants by their servants entered his closes with carriages, &c., broke down and destroyed his fences, and dug and subverted the soil, &c.
Read the full summary
[10] [11] Error from the supreme court. The plaintiff declared in trespass quare clausumfregit, alleging that the defendants by their servants entered his closes with carriages, &c., broke down and destroyed his fences, and dug and subverted the soil, &c. The defendants justified under their act of incorporation, Statutes of 1826, p. 286, SfC., by the seventh section of which act it is enacted “ That the said corporation be and they are hereby authorized, by their agents, surveyors and engineers, to cause such examinations and surveys to be made, of the ground lying between the Mohawk and…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
[14] [15] [16] The first and most important question in this case is, as to' the constitutional power of the legislature to authorize the taking of private property for the use of a railroad, upon paying a just compensation to the owner for the property thus taken. In the case of Beekman v. The Saratoga and Schenectady Railroad Company, (3 Paige’s R., 45,) which came before me in another court, I decided that railroads for the conveyance of travellers, or the transportation of merchandise from one part of the State to…
2Cases cited7 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Stuart v. LairdSupreme Court of the United States · 1803
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Wheelock v. YoungNew York Supreme Court · 1830
2 more not listed; retrieve them via the Exa API.
3Cited by160 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Sweet v. RechelSupreme Court of the United States · 1895
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
155 more not listed; retrieve them via the Exa API.