Speer v. Erie Railroad
Supreme Court of New Jersey
On appeal from a decree advised by Vice-Chancellor Stevens, whose opinion is reported in 64 N. J. Eq. (19 Dick.) 601.
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The facts of the case are stated in the opinion of the vice-chancellor. The bill was filed for the specific performance of a covenant in the deed from John A. Speer to the Montclair Railway Company, of which the defendant is the successor. The covenant required the railway company to provide the grantor “with a suitable and convenient road crossing across the track of said railway,” where the grantor might direct. The decree directed the railroad company to construct a tunnel through its embankment and across its right of way twelve feet wide…
2Cases cited5 opinions
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
- Conger v. N. Y., West Shore & Buffalo R. R. Co.New York Court of Appeals · 1890
- Williams v. ClarkMassachusetts Supreme Judicial Court · 1885
- Goding v. Bangor & Aroostook RailroadSupreme Judicial Court of Maine · 1901
- Post v. West Shore RailroadNew York Court of Appeals · 1890
3Cited by7 opinions
- Linthicum v. W.B. A. Elec. Rd. Co.Court of Appeals of Maryland · 1914
- Buttinghausen v. RappeportNew Jersey Court of Chancery · 1942
- Columbus Club v. SimonsSupreme Court of Oklahoma · 1925
- Lower Tp. v. ReevesNew Jersey Superior Court Appellate Division · 1951
- Schmidt v. PerkinsSupreme Court of New Jersey · 1907
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