Craig v. Rochester City & Brighton Rail Road
New York Supreme Court
MOTION to dissolve an injunction restraining the defends ant from laying down the track of its rail road in a street of the city of Rochester, opposite the plaintiff’s premises ; no consent from the plaintiff, who was the owner of the fee to the centre of the street, having been obtained, or damages appraised and paid.
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MOTION to dissolve an injunction restraining the defends ant from laying down the track of its rail road in a street of the city of Rochester, opposite the plaintiff’s premises ; no consent from the plaintiff, who was the owner of the fee to the centre of the street, having been obtained, or damages appraised and paid. The defendant was duly' incorporated under the general rail road act, to construct a horse rail road from the city of Rochester to the village of Brighton, and had obtained a license from the municipal authorities of Rochester to lay its rails on certain streets of that city,…
1Opinion of the CourtJohnson, J.
In the case of Williams v. The New York Central Rail Road Co., (16 N. Y. Rep. 97,) it was held that an appropriation of a highway by a rail road company, is the imposition of an additional burthen upon, and the taking of the property of the owner of the fee, within the meaning of the constitutional provision which forbids such taking without compensation; and that the company can derive no title by any act of the legislature, or of any municipal authority, *495without the consent of the owner of the fee, or the appraisal and payment of his damages in the mode prescribed by law. The same principle…
2Cases cited13 opinions
- Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
- Pearsall v. PostNew York Supreme Court · 1838
- Mahon v. . the New York Central Railroad CompanyNew York Court of Appeals · 1860
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3Cited by7 opinions
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Greene v. N. Y. Central & H. R. R.R.The Superior Court of New York City · 1883
- Hinchman v. Paterson Horse RailroadNew Jersey Court of Chancery · 1864
- Canastota Knife Co. v. Newington Tramway Co.Supreme Court of Connecticut · 1897
2 more not listed; retrieve them via the Exa API.