Clarke v. Rochester, Lockport & Niagara Falls Railroad
New York Supreme Court
Appeal by the defendants from a judgment entered at a special term. The complaint alleged that on the 20th of September, 1851, the plaintiff, being seised and posessed of a village lot in East Holley, he, in pursuance of an agreement previously made with the defendants, sold and conveyed to them a strip of said land fifty feet in width, running easterly and westerly through the same, for the purpose of constructing their railroad thereon.
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Appeal by the defendants from a judgment entered at a special term. The complaint alleged that on the 20th of September, 1851, the plaintiff, being seised and posessed of a village lot in East Holley, he, in pursuance of an agreement previously made with the defendants, sold and conveyed to them a strip of said land fifty feet in width, running easterly and westerly through the same, for the purpose of constructing their railroad thereon. That during the summer of 1851 the defendants proceeded to build through said land, on the strip aforesaid, an embankment for the track of their railroad,…
1Opinion of the CourtT. R. Strong, J.
The general act to authorize the formation of railroad corporations and to regulate the same, to the duties imposed by which the defendants are subject, provides that the corporations subject thereto shall erect and maintain fences on the sides of their road, and “ farm crossings for the use of the proprietors of land adjoining such railroad.” (Laws of 1850, p. 211, §§ 50,49, 44.) No distinction is made, in terms, *355in respect to this duty to make crossings, between cases in which the lands of the corporation, occupied by their road, were obtained by agreement with and conveyance from the…
2Cases cited1 opinion
- Morss v. ElmendorfNew York Court of Chancery · 1844
3Cited by25 opinions
- Trustees of Columbia College v. . ThacherNew York Court of Appeals · 1881
- McClure v. . LeaycraftNew York Court of Appeals · 1905
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Conger v. N. Y., West Shore & Buffalo R. R. Co.New York Court of Appeals · 1890
- Wademan v. . Albany and Susquehanna R.R. Co.New York Court of Appeals · 1873
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