Van Steenbergh v. Bigelow
New York Supreme Court
This was an action of trespass, tried at the Ulster circuit, April, 1828, before the Hon James Emott, one of the cir- . CUlt judges.
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This was an action of trespass, tried at the Ulster circuit, April, 1828, before the Hon James Emott, one of the cir- . CUlt judges. The action was brought for the recovery of damages for the taking and appropriating of lands of the plaintiff for the use 0f the Bristol Turnpike Company, the defendant acting , r . . , , the agent of the company; the plamtiit insisting that the comPan7 had not entitled themselves, by complying with'the requirements of the statute relative to turnpike companies, C1 R L- 230,) to take and appropriate his land: The declaration contained the common count for…
1Opinion of the Court
By the Court,
Savage, Ch. J.
By the third section of the act relative to turnpike companies, (1 R. L. 230,) all turnpike roads are to be laid out by commissioners to be appointed by *46the governor. The president and directors of the company may agree with the owners of the land over which the road is laid, as to compensation for the same. If they cannot agree, application must be made to one of the judges of the court of common pleas of the county where such land is situated, whose duty it is to appoint three appraisers, being freeholders of the county. The act then proceeds: “ And it shall be…
2Cited by18 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- People v. CookNew York Supreme Court · 1852
- Wall v. TrumbullMichigan Supreme Court · 1867
- Comstock v. CrawfordSupreme Court of the United States · 1866
- Cooper v. SunderlandSupreme Court of Iowa · 1856
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