People Ex Rel. Kimball v. . B. and A.R.R. Co.

The defendant's railroad crossed the Rensselaer and Columbia turnpike in the town of East Greenbush, in Rensselaer county, and in 1874, the Legislature, by chapter 647 of the laws of that year, enacted that the defendant should, within one year, construct a bridge at the point of intersection of the railroad and turnpike, so as to carry the turnpike over the railroad, in the manner particularly specified in the act. The railroad omitted to construct the bridge, and this order was made directing a peremptory mandamus to issue commanding it to do so.

Railroad corporations hold their property and…