People Ex Rel. Dunkirk & Fredonia Railroad v. Cassity
New York Court of Appeals
Appeal by the relator from a judgment of the late General Term of the eighth judicial district, affirming the assessment of the respondents as assessors of the town of Dunkirk.
Read the full summary
Appeal by the relator from a judgment of the late General Term of the eighth judicial district, affirming the assessment of the respondents as assessors of the town of Dunkirk. The relator is a body corporate, organized under and pursuant to chapter 265, of the Session Laws of 1864, as amended by chapter 34, of the Session Laws of 1866. The relator’s organization was completed in the month of December, 1865. By its articles of association, it was authorized to, and did, construct a railroad from a point near the depot of the Erie railway company, in the village of Dunkirk, through various…
1Opinion of the CourtFolg-er, J.
The property assessed in this case, is the track of the relators, consisting of its stringers, ties and rails. This track is laid down in the public highway, and the relators have, or claim, no interest in the land of the highway, save a right to use the same, for the passage.of their teams,- and vehicles, to and fro over this track. This right they claim, and doubtless have. And it includes a right to the constant and exclusive, and for the extent of their chartered existence, the lasting use of the soil, for the support of their track. It is an easement. ( Williams v. N. Y. Central R. R.…
2Cases cited7 opinions
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
- Western Transportation Company v. . ScheuNew York Court of Appeals · 1859
- Sherwood v. Saratoga & Washington RailroadNew York Supreme Court · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Supervisors v. StanleySupreme Court of the United States · 1882
- New Mexico v. United States Trust Co.Supreme Court of the United States · 1898
- Smith v. Mayor of New YorkNew York Court of Appeals · 1877
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- Consolidated Gas Co. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1905
53 more not listed; retrieve them via the Exa API.