Mahon v. . the New York Central Railroad Company
New York Court of Appeals
Action for damages from the construction by the TJtica and Schenectady Railroad Company (to whose rights and liabilities the defendant had succeeded), of "an embankment in front of two houses of John Mahon, the plaintiffs’ testator, in the village of Herkimer, and partly on the lands of said Mahon, by which he was deprived of the use of the highway called the Mohawk turnpike, which ran immediately in front of the dwelling-houses, and by reason of which the houses and lots…
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Action for damages from the construction by the TJtica and Schenectady Railroad Company (to whose rights and liabilities the defendant had succeeded), of "an embankment in front of two houses of John Mahon, the plaintiffs’ testator, in the village of Herkimer, and partly on the lands of said Mahon, by which he was deprived of the use of the highway called the Mohawk turnpike, which ran immediately in front of the dwelling-houses, and by reason of which the houses and lots aforesaid were frequently inundated and the dwellings rendered damp. Damages were also claimed for the construction and…
1Opinion of the CourtClerke, J.
If the plaintiffs’ testator could have recovered all that he was entitled to in the first action, it is, of course, a bar to the second. And this depends, chiefly, though not altogether, upon the question whether the Utica and Schenec tady Railroad Company in any way transcended the authority constitutionally vested in them by the legislature. If they did, their road is a nuisance—a perpetual nuisance; and every day’s continuance of it is a legal wrong, for which they are liable in damages after they have accrued. If they did not transcend their authority, and yet, in constructing their road,…
2Cases cited1 opinion
- Hooker v. Utica & Minden Turnpike Road Co.New York Supreme Court · 1834
3Cited by38 opinions
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Grand Rapids & Indiana R. R. v. HeiselMichigan Supreme Court · 1878
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Spencer v. Point Pleasant & Ohio R. R.West Virginia Supreme Court · 1884
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
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