Wademan v. . Albany and Susquehanna R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. This action was brought to compel defendant to build a suitable farm crossing for plaintiff, who owned a farm in blew Scotland, Albany county, through which defendant’s road ran.
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Appeal from order of the General Term of the Supreme Court in the third judicial district, affirming a judgment in favor of plaintiff, entered upon the decision of the court at Special Term. This action was brought to compel defendant to build a suitable farm crossing for plaintiff, who owned a farm in blew Scotland, Albany county, through which defendant’s road ran. Plaintiff requested defendant to build a crossing, at a point where he had been accustomed to travel to and fro, for farm purposes. Defendant refused to build at the designated place, but built a crossing at the extreme north…
1Opinion of the Court
Johnson, C.
The question in this case arises upon the forty-fourth section of the general railroad act of 1850. (Laws of 1850, p. 233.) That section requires that every corporation formed under the act “ shall erect and maintain fences on the sides of their road, of the height and strength of a division fence required by law, with openings or gates or bars therein, and farm crossings of the road, for the use of the proprietors of lands adjoining such railroad.” It is contended that under this statute the right to designate where the crossing should be made is in the landowner, and the case of…
2Cases cited3 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
- Wheeler v. Rochester & Syracuse RailroadNew York Supreme Court · 1851
3Cited by16 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Powell v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1908
- Costello v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
- Kerr v. West Shore RailroadNew York Supreme Court · 1888
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