Sipperly v. Troy & Boston Railroad
New York Supreme Court
Motion to set aside complaint for irregularity, or to strike out a part of the counts. The action was brought by the plaintiffs, as commissioners of highways.
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Motion to set aside complaint for irregularity, or to strike out a part of the counts. The action was brought by the plaintiffs, as commissioners of highways. The defendants’ road, as it appeared from the complaint, crosses two highways in the town of Schaghticoke, one of which is described as the highway leading easterly from the Schaghticoke and Lansingburgh turnpike, near the dwelling house of John Cooper, to a public highway near the dwelling of Orman Doty; and the other, as a highway leading from Schaghticoke Point past the dwelling house of Orman Doty to the northern turnpike. The…
1Opinion of the Court
Harris, Justice.
By the 5th subdivision of the 28th section of the general railroad act, (Sess. Laws, 1850, p. 224,) the defendants were authorized to construct their railroad across these highways; but they were also required “ to restore the same to their former state, or to such- a state as not unnecessarily to have impaired their usefulness.” It is upon the failure of the defendants to perform this duty that the first and third counts of the complaint seem to have been framed.
By the Revised Statutes it'is declared, that “ whoever shall injure' any highway, &c., shall for every such offence…
2Cases cited2 opinions
- Cornell v. Town of GuilfordCourt for the Trial of Impeachments and Correction of Errors · 1845
- Cornell & Clarke v. Butternutts & Oxford Turnpike Co.New York Supreme Court · 1841
3Cited by2 opinions
- Druiding v. LyonMissouri Court of Appeals · 1879
- Munn v. CookNew York Supreme Court · 1890