Albany & West Stockbridge Railroad v. Town of Canaan
New York Supreme Court
Motion to dissolve injunction. The complaint stated that the plaintiffs were the owners of a railroad running from the Hudson river to the westerly line of the state of Massachusetts, through the towns of Greenbush, Schodack, Kinderhook, Ghent, Chatham and.
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Motion to dissolve injunction. The complaint stated that the plaintiffs were the owners of a railroad running from the Hudson river to the westerly line of the state of Massachusetts, through the towns of Greenbush, Schodack, Kinderhook, Ghent, Chatham and. Canaan, .about thirty■‘eight miles in length.; that the length of that part of the road in Canaan was nine miles; that the quantity of land occupied by the plaintiffs in that town was 90 acres ; that the value of land adjoining the railroad did not exceed $50 per acre, and that the erections, superstructure and fixtures upon the road in…
1Opinion of the CourtHarris, J.
It was the duty of the assessors to estimate and assess that.section of the plaintiffs’ road within their jurisdiction, “ at its full and true value.” In ascertaining this value, the superstructure and fixtures; every thing annexed to the land, was to be taken into the account. But whether the stock was above or below par, or whether the business of the road *248was productive or unproductive, were questions with which the assessors had nothing to do. The true rule is stated in The Albany and Schenectady Railroad Company v. Osborn, (12 Barb. 223.) “ They are simply to ascertain the value of the…
2Cases cited5 opinions
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Bank of Utica v. City of UticaNew York Court of Chancery · 1834
- Van Rensselaer v. WitbeckNew York Supreme Court · 1849
- Albany & Schenectady Railroad v. OsbornNew York Supreme Court · 1851
- Utica Cotton Manufacturing Co. v. Supervisors of Oneida CountyNew York Court of Chancery · 1846
3Cited by13 opinions
- Spencer & Gardner v. PeopleIllinois Supreme Court · 1873
- In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Shuttuck v. SmithNorth Dakota Supreme Court · 1896
- Bardrick v. DillonSupreme Court of Oklahoma · 1898
- Lyon v. City of BrooklynNew York Supreme Court · 1858
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