The People v. . N.Y., N.H. H.R.R. Co.

We concur in the opinion of the General Term that the liability of the defendant, as presented to the jury in the charge, was erroneously made to depend upon the question whether the bridge obstructed or hindered the enjoyment of the highway by the public, independently of the further question whether the company in the exercise of the right to construct its road across the highway had, in compliance with the requirements of its charter (Laws of 1846, chap. 195, § 5), restored "the highway, as near as may be, to its former state so as not unnecessarily to impair its usefulness." The court…