Gordon v. Ellenville & Kingston Railroad
Appellate Division of the Supreme Court of the State of New York
■ Appeal by tbe plaintiff, Harry S. Gordon, from a judgment of the County Court of Ulster county in favor of the defendant; entered in •the office of the clerk of said county on the. 17th day of October, 1905, upon the dismissal of the complaint by direction of the court.
1DissentKellogg, J.
The laws of this State permitted the defendant to build and maintain its railroad. ' They did not direct at what particular place or in what particular manner the roadbed should be. constructed ; nor did they require defendant to dam up the canal so that the mountain stream would not have a sufficient outlet, or to take aWay the stone " sustaining'wall of the old-canal.- Any consequential-injury arising to any one from the proper operation of the railroad is- not a subject for, damages'against the company, as it is proceeding under statutory authority.' But' if the defendant, by changing a'…
2Cases cited8 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Hay v. . the Cohoes CompanyNew York Court of Appeals · 1849
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- Jutte v. . HughesNew York Court of Appeals · 1876
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