People v. Genesee Valley Canal Railroad
New York Supreme Court
Appeal from an order of the Ontario Special Term, denying a motion for an extra allowance. Action brought to restrain tbe defendant, Tbe Genesee Valley Canal Railroad Company, from building a railroad on one specified route,' and to require it to build upon another route. Tbe complaint was dismissed, with costs.
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Appeal from an order of the Ontario Special Term, denying a motion for an extra allowance. Action brought to restrain tbe defendant, Tbe Genesee Valley Canal Railroad Company, from building a railroad on one specified route,' and to require it to build upon another route. Tbe complaint was dismissed, with costs. Tbe order was refused upon tbe grounds “that the value of the subject-matter involved in this action cannot be computed, .and that this is not a proper case for such allowance.”
1Opinion of the Court
Hajrdin, P. J.:
By the complaint we find that this action was brought against the Genesee Valley Railroad Company, and the other defendant its lessee to prevent the former company from constructing its road along a proposed line, through the village of Nunda, and to require it to construct its road bed at another and different point in and through said village. By the act of the legislature (chap. 326, Laws of 1880) the commissioners of the land office were authorized and, directed to convey the Genesee Valley canal, lying- between Rochester and Cuba. 'This grantee, the railroad company, was…
2Cases cited4 opinions
- Lattimer v. . LivermoreNew York Court of Appeals · 1878
- Miller v. . BrenhamNew York Court of Appeals · 1877
- Rothery v. . New York Rubber Co.New York Court of Appeals · 1882
- Ogdensburgh & Lake Champlain Railroad v. Vermont & Canada RailroadNew York Court of Appeals · 1875