Legal Opinion

Peck v. Schenectady Railway Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 5 opinions

Appeal by the defendant, the Schenectady Railway Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 27th day of November, 1901, upon the decision of the court rendered after a trial at the Albany Special Term, enjoining the defendant from constructing a proposed street railway in the street upon which the premises of the plaintiffs abut. . The complaint alleged the ownership by the…

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Appeal by the defendant, the Schenectady Railway Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Schenectady on the 27th day of November, 1901, upon the decision of the court rendered after a trial at the Albany Special Term, enjoining the defendant from constructing a proposed street railway in the street upon which the premises of the plaintiffs abut. . The complaint alleged the ownership by the plaintiffs of certain premises upon Washington avenue in the city of Schenectady, and the ownership of the fee to the…

1Opinion of the Court

Smith, J.:

Defendant’s objection to this judgment on the ground that the complaint failed to allege damage seems to be answered by the case of Amsterdam Knitting Company v. Dean (162 N. Y. 278). (See, also, Pratt v. Roseland Railway Company, 50 N. J. Eq. 150 ; Western Maryland Railroad Co. v. Owings, 15 Md. 199.) The appropriation by a street railroad company of a street in which the abutting owner has the fee is the taking of private property within the settled law of this State. (Craig v. Rochester City & Brighton R. R. Co., 39 N. Y. 404; Henderson v. N. Y. C. R. R. Co., 78 id. 423; Fobes v.…

2Cases cited4 opinions

  1. Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
  2. Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
  3. Amsterdam Knitting Co. v. . DeanNew York Court of Appeals · 1900
  4. Western Maryland Rail Road v. OwingsCourt of Appeals of Maryland · 1860

3Cited by5 opinions

  1. Paige v. Schenectady Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  2. Gray v. York State Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1904
  3. Schenectady Railway Co. v. PeckAppellate Division of the Supreme Court of the State of New York · 1903
  4. Gray v. York State Telephone Co.New York Supreme Court · 1903
  5. Schenectady Railway Co. v. PeckAppellate Division of the Supreme Court of the State of New York · 1903

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