Lehigh Valley R.R. Co. v. . Canal Board
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 24, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 24, 1911, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. If the Barge Canal Act is to be construed as imposing upon the state the cost of reconstructing railroad bridges over navigable rivers it contravenes the provisions of section 9 of article 8 and section 19 of article 3 of the State Constitution. (Trustees v. Roome, 93 N. Y.…
1Opinion of the Court
Cullen, Ch. J.
The action is brought to restrain the defendants, who are state officers and contractors engaged in the construction of the new barge canal, from interfering with the plaintiff’s bridge across the Seneca river, which is being canalized to form part of the new canal. The first structure was erected by the Soutnern Central Bailroad Company in the year 1871 to carry its railroad across the river. This bridge was replaced by the present structure in 1888, about which year the plaintiff acquired the road of the Southern Central. The proposed improvements of the river require that the…
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