Bloomfield & Rochester Natural Gas-Light Co. v. Calkins
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, confirming the report of commissioners appointed to ascertain and appraise the compensation to which defendant was entitled for lands taken by -the petitioner. The petitioner was a corporation organized under the general act providing for the formation of gas-light companies.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, confirming the report of commissioners appointed to ascertain and appraise the compensation to which defendant was entitled for lands taken by -the petitioner. The petitioner was a corporation organized under the general act providing for the formation of gas-light companies. (Chap. 37, Laws of 1848.) By an act passed in 1870 (chap. 757, Laws of 1870), authority was given to it to acquire title to lands necessary for its purposes in the general railroad act. (Chap. 140, Laws of 1850.) The line fixed…
1Opinion of the CourtMiller, J.
The appropriation of land for the use of a highway is for a specific purpose, and the public thereby acquire a mere right of passage, with the powers and privileges which are incident to such a right. The fee of the land still remains in the owner, and he does not become divested of the title because the public have a free and unrestrained right to the use of the same for the purposes of traveling, passing and repassing, on foot or with animals and vehicles, with the privilege of doing all necessary acts to keep the same in repair. The owner’s right is absolute to maintain ejectment or…
2Cases cited5 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
- Gidney v. EarlNew York Supreme Court · 1834
3Cited by33 opinions
- Eels v. American Telephone & Telegraph Co.New York Court of Appeals · 1894
- Hill Farm, Inc. v. Hill CountyTexas Supreme Court · 1969
- Palmer v. . Larchmont Electric Co.New York Court of Appeals · 1899
- Heyert v. Orange & Rockland Utilities, Inc.New York Court of Appeals · 1966
- Sterling's AppealSupreme Court of Pennsylvania · 1886
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