Legal Opinion

Pitkin v. Long Island Rail-Road

New York Court of Chancery

Decided April 6, 1847PublishedCited by 10 opinions

This was an appeal from a decree of the assistant vice chancellor of the first circuit,-.dismissing .the complainant’s bill with costs.

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This was an appeal from a decree of the assistant vice chancellor of the first circuit,-.dismissing .the complainant’s bill with costs. The object of the bill was to compel the Long Island Rail-Road Company to keeg up and maintain a turnout track, and .permanent stopping place for its freight trains and its.passenger cars, on the line of its rail-road, at a .place called the trotting course lane; for the benefit of the complainant as the owner of real estate adjacent to that place.

1Opinion of the Court

The Chancellor.

The complainant claims the relief asked for in his bill, under an alleged agreement, by parol, made with him by one of tire officers of the rail-road company, to establish and maintain a permanent turnout track and stopping place in the neighborhood of his property; and to stop there with the freight trains and passenger cars of the company. And the consideration for the alleged contract, was the labor which he was to perform in excavating and grading the land at that point upon the rail-road.. I think, with the vice chancellor, that the complainant failed to establish an…

2Cited by10 opinions

  1. Warner v. Texas & Pacific Railway Co.Supreme Court of the United States · 1896
  2. Kettle River Railroad v. Eastern Railway Co.Supreme Court of Minnesota · 1889
  3. Uihlein v. . MatthewsNew York Court of Appeals · 1902
  4. Burkle v. Superflow Manufacturing Co.Supreme Court of Connecticut · 1951
  5. Babcock v. UtterNew York Court of Appeals · 1864

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