Trustees of the First Baptist Church v. Utica & Schenectady Railroad
New York Supreme Court
Demurrer to declaration. This was an action on the case. The declaration stated that the defendants were the owners or possessors of a certain railroad running near and contiguous to the lot of land belonging to the plaintiffs, as hereinafter mentioned, upon which railroad the defendants were accustomed to run their cars and locomotive engines; and that the said plaintiffs were the owners of a certain piece or parcel of land situate and being in the city of Schenectady, and…
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Demurrer to declaration. This was an action on the case. The declaration stated that the defendants were the owners or possessors of a certain railroad running near and contiguous to the lot of land belonging to the plaintiffs, as hereinafter mentioned, upon which railroad the defendants were accustomed to run their cars and locomotive engines; and that the said plaintiffs were the owners of a certain piece or parcel of land situate and being in the city of Schenectady, and were lawfully possessed thereof before the construction of said railroad, upon which land a building was erected, and is…
1Opinion of the Court
By the Court, Hand, J.
The fair construction to be given to the declaration in this case is, that the church or society, occupying the church edifice owned by the plaintiffs, had been disturbed during divine worship on the sabbath, by the noise made by the defendants in the use of their road, by which the property has very much depreciated in value for use as a church. It would be a forced construction to consider it a charge of doing this unnecessarily, wantonly and maliciously, and for the sole purpose of disturbing the congregation. These acts I understand to be alledged to be unlawful, not…
2Cases cited11 opinions
- WILLSON AND OTHERS v. the Black Bird Creek Marsh CompanySupreme Court of the United States · 1829
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
- Mohawk Bridge Co. v. Utica & Schenectady Rail RoadNew York Court of Chancery · 1837
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Austin v. Augusta Terminal Railway Co.Supreme Court of Georgia · 1899
- Kellinger v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- In re the Estate of SitkinNew York Surrogate's Court · 1934
- San Francisco Savings Union v. Reclamation District No.124California Supreme Court · 1904
- Tomlinson v. BainakaIndiana Supreme Court · 1904
13 more not listed; retrieve them via the Exa API.