Williams v. . the New-York Central Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. The action was brought for the purpose of recovering damages alleged to have been sustained by the plaintiff, in consequence of the appropriar tion by the defendant (which has incorporated into itself, and succeeded to the rights of, the late Syracuse and Utica Railroad Company) of a strip of land1, sufficiently wide for two tracks, extending along the centre of Washington-street, in the city of Syracuse, and the running thereon of about forty…
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Appeal from the Supreme Court. The action was brought for the purpose of recovering damages alleged to have been sustained by the plaintiff, in consequence of the appropriar tion by the defendant (which has incorporated into itself, and succeeded to the rights of, the late Syracuse and Utica Railroad Company) of a strip of land1, sufficiently wide for two tracks, extending along the centre of Washington-street, in the city of Syracuse, and the running thereon of about forty trains of cars per diem, and also for the purpose of restraining the defendant from further entering upon or running…
1Opinion of the CourtSelden, J.
This is a suit in equity, the object of which is to obtain a perpetual injunction, restraining the defendants from continuing to use and occupy with their railway a portion of a certain highway or street, in the village of Syracuse, known as Washington-street, and to recover damages for its past occupation. Washington-street was gratuitously dedicated to the use of the public by the plaintiff and others through whose land it was laid; and the Utica and Syracuse Bailroad Company, to the rights iind liabilities of which the defendants have succeeded, constructed their railway upon it without…
2Cases cited7 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Case of "the Philadelphia & Trenton Rail Road"Supreme Court of Pennsylvania · 1840
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Plant v. Long Island RailroadNew York Supreme Court · 1850
- Hentz v. Long Island RailroadNew York Supreme Court · 1852
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3Cited by118 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Pierce v. DrewMassachusetts Supreme Judicial Court · 1883
- Cox v. Louisville, New Albany, & Chicago RailroadIndiana Supreme Court · 1874
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