Craig v. . Rochester City Brighton R.R. Co.
New York Court of Appeals
Tjtts is an appeal from a judgment of the General Term of the Supreme Court of the Seventh District, perpetually enjoining the Defendant from laying its track (a horse-railroad track) in East Avenue, a public street of the city of Rochester, opposite the premises of the Plaintiff) or doing anything in relation thereto.
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Tjtts is an appeal from a judgment of the General Term of the Supreme Court of the Seventh District, perpetually enjoining the Defendant from laying its track (a horse-railroad track) in East Avenue, a public street of the city of Rochester, opposite the premises of the Plaintiff) or doing anything in relation thereto. The facts of the case are as follows: The Defendant was organized under and by virtue of the general railroad act, on the 20th day of May, 1862. On the 24th day of June, 1862, the Defendant procured the consent of the Common Council of the city of Rochester' to its…
1Dissent
The defendants, being a legally organized railroad corporation, under the general railroad act of 1850, were clothed with legislative sanction and authority to construct the railroad in question, after having procured the assent of the common council of the city of Rochester to do so, unless it shall be held that the private rights of the owners of lots adjacent to such streets are invaded by such use of the street.
The plaintiff claims that the construction of such a street railway is the imposition of a new use, and an additional burden upon the land embraced in the street, and so amounts to…
2Cases cited5 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Elliott v. Fair Haven & Westville RailroadSupreme Court of Connecticut · 1860
- Bowman v. Agricultural InsuranceNew York Court of Appeals · 1875
- Ontario Bank v. New Jersey Steamboat Co.New York Court of Appeals · 1875
- Savage v. PutnamNew York Supreme Court · 1859