Booth v. Rome, Watertown & Ogdensburg Terminal Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiff’s house in the city of Bochester, alleged to have been caused by defendant’s unlawful acts.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 22, 1892, which affirmed a judgment in favor of plaintiff entered upon a verdict and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries to plaintiff’s house in the city of Bochester, alleged to have been caused by defendant’s unlawful acts. The principal facts upon which the question presented arises are as follows: The defendant, is a railroad corporation organized under the General Bailroad Law of this…
1Opinion of the Court
Andrews, Ch. J.
We entertain no doubt of the correctness of the ruling at the Circuit that the defendant stands in no better position in defending the action than if the controversy was between individuals.
The rule that the legislature may, in the public interest and for public purposes, authorize and legalize acts causing consequential injury to private property, not amounting to a taking, without providing compensation, and that the legislative authority may be pleaded in bar of any claim for indemnity, although if the act had been done without such authority an action would lie, has no…
2Cases cited9 opinions
- Campbell v. . SeamanNew York Court of Appeals · 1876
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Heeg v. . LichtNew York Court of Appeals · 1880
- Fish v. DodgeNew York Supreme Court · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Whitman Hotel Corporation v. Elliott & Watrous Engineering Co.Supreme Court of Connecticut · 1951
- Watson v. Mississippi River Power Co.Supreme Court of Iowa · 1916
- Louisville & Nashville Terminal Co. v. LellyettTennessee Supreme Court · 1904
- Longtin v. PersellMontana Supreme Court · 1904
- Rosenheimer v. Standard Gas Light Co.Appellate Division of the Supreme Court of the State of New York · 1898
41 more not listed; retrieve them via the Exa API.