Milliman v. Oswego & Syracuse Railroad
New York Supreme Court
This cause originated in a justice’s court. The complaint alledged that in the year 1847 the defendants commenced the construction of a, railroad from Oswego to Syracuse, intersecting the plaintiff’s premises in the town of Lysander; that the road was constructed and put in operation in the years 1847 and 1848, and being the owners and possessors of said road, the company were required by law to erect and maintain a suitable farm crossing, for the use of the plaintiff, which…
Read the full summary
This cause originated in a justice’s court. The complaint alledged that in the year 1847 the defendants commenced the construction of a, railroad from Oswego to Syracuse, intersecting the plaintiff’s premises in the town of Lysander; that the road was constructed and put in operation in the years 1847 and 1848, and being the owners and possessors of said road, the company were required by law to erect and maintain a suitable farm crossing, for the use of the plaintiff, which the defendants omitted to do, whereby the plaintiff sustained damages, &c. The action ivas commenced in April, 1850. On…
1Opinion of the Court
By the Court, Hubbard, J.
The important question presented is, whether by the provisions of the general railroad law, (Sess. Laws, 1848, p. 222, §§ 42,46,) the defendants were required to erect and maintain a farm crossing for the use of the plaintiff. The justice held they were, and this is the principle of his judgment. It is not disputed that the defendants acquired the right of way for their road before the passage of the general law referred to; but the plaintiff contends, that nevertheless that law is applicable to the defendants, and to all pre-existing railroad corporations in the…
2Cited by2 opinions
- Marsh v. New-York & Erie RailroadNew York Supreme Court · 1852
- Tombs v. Rochester & Syracuse RailroadNew York Supreme Court · 1854