Legal Opinion

New York & Erie Railroad v. Young

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 7 opinions

Error to the Common Pleas of Susquehanna county. This was an action on the case by Elias T. Young against The New York and Erie Railroad Company, to recover- damages arising from the construction of the defendants’ railroad, along the bank of the Susquehanna river. Under the Act of 23d March 1803 (Brightly’s Purd. 599), the grantor of the plaintiff had erected a dam across the Susquehanna river, below where the alleged injury took place, for the purposes of his mill.

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Error to the Common Pleas of Susquehanna county. This was an action on the case by Elias T. Young against The New York and Erie Railroad Company, to recover- damages arising from the construction of the defendants’ railroad, along the bank of the Susquehanna river. Under the Act of 23d March 1803 (Brightly’s Purd. 599), the grantor of the plaintiff had erected a dam across the Susquehanna river, below where the alleged injury took place, for the purposes of his mill. And the injury complained of was caused by throwing dirt over the bank of the river, so as to make an embankment along the…

1Opinion of the Court

The opinion of the court was delivered by

Thompson, J.

There are several matters in this case undisputed, and others so fully settled by the decisions of this and other courts as to leave little room for controversy, and being-material to a correct disposition of the case, may as well be stated in the outset.

1. The plaintiffs in error and defendants below, were, by the Act of 16th February 1841, under restrictions therein contained, authorized to construct their road with a single or double track, through the county of Susquehanna, “ by such route as they shall deem expedient for the extension…

2Cases cited5 opinions

  1. Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
  2. Monongahela Navigation Co. v. CoonsSupreme Court of Pennsylvania · 1843
  3. Susquehanna Canal Co. v. WrightSupreme Court of Pennsylvania · 1845
  4. Henry v. Pittsburgh & Allegheny Bridge Co.Supreme Court of Pennsylvania · 1844
  5. Morse v. CloyesNew York Supreme Court · 1851

3Cited by7 opinions

  1. Williamsport R. Co. v. Phila. R. Co.Supreme Court of Pennsylvania · 1891
  2. Alexander v. City of MilwaukeeWisconsin Supreme Court · 1862
  3. Palmer v. Delaware, Lackawanna & Western R. R.Supreme Court of Pennsylvania · 1923
  4. Commonwealth v. New York, L. E. & W. R. Co.Supreme Court of Pennsylvania · 1889
  5. Delaware Avenue, LLC v. Department of Conservation & Natural ResourcesCommonwealth Court of Pennsylvania · 2010

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