Cott v. . the Lewiston Railroad Co.
New York Court of Appeals
Appeal from judgment of Supreme Court. In 1853, the plaintiff’s testator owned a farm in fee, situate in the town of Niagara, across which run a small stream of water, supplying water for stock, etc.
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Appeal from judgment of Supreme Court. In 1853, the plaintiff’s testator owned a farm in fee, situate in the town of Niagara, across which run a small stream of water, supplying water for stock, etc. The defendant, a railroad corporation, having located its road through said farm, obtained from the testator a conveyance of the necessary-land for its construction, and also, the right of constructing its road through the adjoining farm, situate above the plaintiff, owned by Voght. In the construction of defendant’s road, it became necessary to make a deep cut in the channel of the stream, which…
1Opinion of the CourtGrover, J.
The exceptions to the refusal of the court to charge ns requested, and to the charge as given, fairly, I think, raise the question whether, if a railroad company, in the construction of its road, find it necessary to change the channel of a stream and thus divert its course, and for that purpose construct a new channel, the company is bound to keep such new channel in a suitable and proper condition so as not only to restore but preserve the stream in its former -state of usefulness, as near as practicable. The fifth clause of ..section 34 of the general railroad act (2 Rev. Stat, 681), among…
2Cases cited1 opinion
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
3Cited by12 opinions
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- Ohio & Mississippi Railway Co. v. ThillmanIllinois Supreme Court · 1892
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- People v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1878
- Maltby v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1883
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