Ellicottville & Great Valley Plank Road Co. v. Buffalo & Pittsburgh Rail Road
New York Supreme Court
THIS was an appeal from a judgment entered in favor of the defendants, upon the report of a referee. The action was "brought by the Blank Road Company, to restrain the Rail Road Company from entering upon the lands and premises of the plaintiffs for the purpose of constructing their rail road at the points mentioned in the complaint, and from removing the planks and grading from the plaintiffs’ premises ; and from depositing, within the premises of the plaintiffs* materials…
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THIS was an appeal from a judgment entered in favor of the defendants, upon the report of a referee. The action was "brought by the Blank Road Company, to restrain the Rail Road Company from entering upon the lands and premises of the plaintiffs for the purpose of constructing their rail road at the points mentioned in the complaint, and from removing the planks and grading from the plaintiffs’ premises ; and from depositing, within the premises of the plaintiffs* materials for the construction of the rail road; and from running locomotives and cars upon and over the plaintiffs’ plank road,…
1Opinion of the Court
By the Court, Mullett, J.
This was an action brought by the plank road company to recover damages from the rail road company, for a trespass committed by them, by entering upon the plank road, tearing up the plank and grading and depositing materials for the rail ,road within *the bounds of the plank road ; and for an injunction against the rail road company to restrain them from proceeding with the construction of their rail road on and across the plank road, until they had procured the damages to be assessed and paid. Upon the trial, it was proved, and the referee found and reported, that…
2Cases cited2 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
3Cited by4 opinions
- Erickson v. Minnesota & Ontario Power Co.Supreme Court of Minnesota · 1916
- Indianapolis & Cumberland Gravel Road Co. v. Belt Railway Co.Indiana Supreme Court · 1887
- St. Louis, Vandalia & Terre Haute Railroad v. Town of SummitAppellate Court of Illinois · 1878
- Jamaica & Brooklyn Plankroad Co. v. New York & Manhattan Beach Railway Co.New York Supreme Court · 1881