Viele v. . the Troy and Boston Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. Action for a specific performance of a contract. The trial was before Mr. Justice W. F. Allen, without jury, and these facts were proved: The defendant" located its road upon the plaintiff’s land, and its workmen having entered thereon, and being warned by the plaintiffs to keep off until they got their pay for the land, desisted from their . operations.
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Appeal from the Supreme Court. Action for a specific performance of a contract. The trial was before Mr. Justice W. F. Allen, without jury, and these facts were proved: The defendant" located its road upon the plaintiff’s land, and its workmen having entered thereon, and being warned by the plaintiffs to keep off until they got their pay for the land, desisted from their . operations. Immediately thereafter the parties entered into an agreement that the damages from the appropriation of the land to use for a railroad should be determined by three appraisers named in the agreement: that within…
1Opinion of the CourtComstock, J.
Some of the points which have been urged on the part of the defendants might be worthy of a serious consideration, if they had not taken possession of the land in question for the purposes of their road, and continued in theoccupation, so far as we know, to the present time. It was suggested on the argument that the company took .possession as wrongdoers; that their continued occupation was but a continuance of the wrong; and on this ground that the question whether the award ought to be specifically enforced must be determined wholly by other considerations. To this it must be answered that…
2Cited by11 opinions
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