People Ex Rel. Bacon v. Northern Central Railway Co.
New York Court of Appeals
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 5, 1898, affirming an order of Special Term directing that a peremptory writ of mandamus issue commanding the Northern Central Bailway Company to restore a highway in the town of Veteran, Chemung county, where that company’s railroad crosses it, to such condition as will not impair its usefulness, by changing the abutments of said crossing so that…
Read the full summary
Cross-appeals from an order of the Appellate Division of the Supreme Court in the third judicial department, entered December 5, 1898, affirming an order of Special Term directing that a peremptory writ of mandamus issue commanding the Northern Central Bailway Company to restore a highway in the town of Veteran, Chemung county, where that company’s railroad crosses it, to such condition as will not impair its usefulness, by changing the abutments of said crossing so that they shall run parallel with the highway or by purchasing sufficient land so as to lay out the highway in the manner…
1Opinion of the CourtBartlett, J.
The trial judge directed the jury to find a verdict that the defendant had unnecessarily, by the construction of the crossing, impaired the usefulness of the highway.
On this verdict an order was entered directing that a peremptory writ of mandamus issue, commanding, in substance, the defendant to restore the highway, at the point of crossing, to such condition as will not impair its usefulness by changing the abutments of the bridge so that they shall run parallel with the highway, or, by purchasing lands, change the course of the highway according to a map to which reference is made.
As this…
2Cases cited5 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- D., L. W.R.R. Co. v. . City of BuffaloNew York Court of Appeals · 1899
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
- Allen v. Buffalo, Rochester & Pittsburgh Railway Co.New York Court of Appeals · 1897
- Buchholz v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1896
3Cited by17 opinions
- United States v. Thomas Francis King, (Two Cases)Court of Appeals for the D.C. Circuit · 1973
- Chicago, Indianapolis & Louisville Railway Co. v. State ex rel. ZimmermanIndiana Supreme Court · 1902
- Matter of Green v. MillerNew York Court of Appeals · 1928
- Davis, Cty. Judge v. Caruthers, Dist. JudgeSupreme Court of Oklahoma · 1908
- Leventhal v. MichaelisNew York Supreme Court · 1961
12 more not listed; retrieve them via the Exa API.