Boston & Albany Railroad v. President & Trustees of Greenbush
New York Supreme Court
The plaintiff appeals from a judgment in favor of the defendant denying the plaintiff the relief sought. The judgment was entered under the direction of Mr. Justice Hogeboom, after a trial before him without a jury at the Albany Circuit, in November, 1870. The action was brought for an injunction to restrain the defendant and its officers and agents from interfering with the property of the plaintiff, under the claim of right to open a street or highway in the village of…
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The plaintiff appeals from a judgment in favor of the defendant denying the plaintiff the relief sought. The judgment was entered under the direction of Mr. Justice Hogeboom, after a trial before him without a jury at the Albany Circuit, in November, 1870. The action was brought for an injunction to restrain the defendant and its officers and agents from interfering with the property of the plaintiff, under the claim of right to open a street or highway in the village of Greenbush, claimed by the defendant to be a public street known as Herrick street. The judge found the facts and the law as…
1Opinion of the CourtPotter, J.
There is no conflict of facts in this case, though it is necessary to state certain facts, in order to make the proper application of the law arising thereon. The plaintiffs, it is conceded, are a corporation, and are the successors *464of the Albany and West Stockbridge Railroad Company, and entitled to all the rights, property and estate of the last named corporation, which in 1841 acquired, by conveyances in fee, by purchase (and not by appraisal under the statute), the lands upon which their railroad tracks, seven in number, are laid, in the village of Greenbush, and over which the defendants…
2Cases cited4 opinions
- Nicoll v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1854
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Sixth Avenue Railroad v. KerrNew York Supreme Court · 1864
- In re KerrNew York Supreme Court · 1864
3Cited by6 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Chicago, R. I. & P. R. Co. v. TaylorSupreme Court of Oklahoma · 1920
- Attorney General ex rel. Dusenbury v. LookerMichigan Supreme Court · 1897
- Kansas Central Railroad v. Board of CommissionersSupreme Court of Kansas · 1891
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