People ex rel. Frost v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made May 31, 1901, which affirmed an order of Special Term granting the motion of the relator for a peremptory writ of mandamus requiring the defendant to restore certain culverts heretofore existing in the railroad embankment of the defendant, intersecting the premises of the relator on the east bank of the Hudson river, situated at Croton, in the town of Cortlandt, county…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, made May 31, 1901, which affirmed an order of Special Term granting the motion of the relator for a peremptory writ of mandamus requiring the defendant to restore certain culverts heretofore existing in the railroad embankment of the defendant, intersecting the premises of the relator on the east bank of the Hudson river, situated at Croton, in the town of Cortlandt, county of Westchester. The facts, so far as material, are stated in the opinion. Mandamus is not the proper remedy where an…
1Opinion of the CourtBartlett, J.
The Hudson Eiver Eailroad Company was incorporated by chapter 216 of the Laws of 1846, and consolidated with the FTew York Central Eailroad Company in the year 1869, assuming the name of The New York Central & Hudson River Railroad Company.
At the time of the construction of the Hudson Eiver railroad in 1846, one John Cocks was the owner of the premises in question, and operated thereon a brick yard. The Hudson Eiver Eailroad Company condemned the right of way across the premises of Cocks, passing over the same on an embankment some ten feet high. This embankment cut off the eastern portion of…
2Cases cited5 opinions
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- Margraf v. . MuirNew York Court of Appeals · 1874
- Amerman v. . DeaneNew York Court of Appeals · 1892
- Peters v. . DelaplaineNew York Court of Appeals · 1872
- Conger v. N. Y., West Shore & Buffalo R. R. Co.New York Court of Appeals · 1890
3Cited by5 opinions
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- State Ex Rel. Larsen v. District CourtMontana Supreme Court · 1927
- Federal Land Bank v. PickardNew York Supreme Court · 1938
- Rodee v. City of OgdensburgAppellate Division of the Supreme Court of the State of New York · 1915
- Walker v. StateAppellate Division of the Supreme Court of the State of New York · 1972