Legal Opinion

Craig v. . Rochester City Brighton R.R. Co.

New York Court of Appeals

Decided June 5, 1868PublishedCited by 63 opinions

Tjtts is an appeal from a judgment of the General Term of the Supreme Court of the Seventh District, perpetually enjoining the Defendant from laying its track (a horse-railroad track) in East Avenue, a public street of the city of Rochester, opposite the premises of the Plaintiff) or doing anything in relation thereto.

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Tjtts is an appeal from a judgment of the General Term of the Supreme Court of the Seventh District, perpetually enjoining the Defendant from laying its track (a horse-railroad track) in East Avenue, a public street of the city of Rochester, opposite the premises of the Plaintiff) or doing anything in relation thereto. The facts of the case are as follows: The Defendant was organized under and by virtue of the general railroad act, on the 20th day of May, 1862. On the 24th day of June, 1862, the Defendant procured the consent of the Common Council of the city of Rochester' to its…

1Opinion of the Court

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The defendant in this action claims the right to construct a horse railroad through the streets of the city of Rochester, by virtue of the consent of the common council of said city, without making any compensation for damages to the owners of lots along the street in which the road passes. The claim thus urged is based upon the ground, that the building of such a railroad is not an infringement upon the rights, or any injury to the interests, of the owners of…

2Cases cited10 opinions

  1. The People v. . KerrNew York Court of Appeals · 1863
  2. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  3. Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
  4. Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
  5. Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860

5 more not listed; retrieve them via the Exa API.

3Cited by63 opinions

  1. In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
  2. Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
  3. People Ex Rel. Dunkirk & Fredonia Railroad v. CassityNew York Court of Appeals · 1871
  4. Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
  5. Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891

58 more not listed; retrieve them via the Exa API.

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