Legal Opinion

Chenango Bridge Co. v. . Paige

New York Court of Appeals

Decided December 14, 1880PublishedCited by 50 opinions

Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order made September 20, 1876, denying a motion for a new trial, and directing judgment on a verdict. (Reported below, 8 Hun, 292.) The nature of the action and the material facts appear in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, in favor of plaintiff, entered upon an order made September 20, 1876, denying a motion for a new trial, and directing judgment on a verdict. (Reported below, 8 Hun, 292.) The nature of the action and the material facts appear in the opinion. The court erred in refusing to hold that the construction of the bridge and the conduct of the Binghamton Bridge Company, having been sustained by the courts, defendants’ testator was protected thereby, although such decision has since been reversed. (2 R. S.…

1Opinion of the CourtEarl, J.

The plaintiff was incorporated.by the act chapter 119 of the Laws of 1808, to build and maintain a bridge over the Chenango river, and by its charter it was provided that it should not be lawful for any person or persons to erect any other bridge over the same river within two miles either above or below the bridge to be erected by the plaintiff. Soon after its incorporation, the plaintiff erected a bridge over the river at Binghamton and maintained it until it was swept away, as hereinafter mentioned.

In 1855, by the act chapter 164 of that year, the Binghamton Bridge Company was incorporated…

2Cases cited12 opinions

  1. The Binghamton BridgeSupreme Court of the United States · 1866
  2. Morgan v. . KingNew York Court of Appeals · 1866
  3. Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
  4. The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
  5. Phelps v. . NowlenNew York Court of Appeals · 1878

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3Cited by50 opinions

  1. United States v. CressSupreme Court of the United States · 1917
  2. Farmers' Loan & Trust Co. v. New York & Northern Railway Co.New York Court of Appeals · 1896
  3. Smith v. . City of RochesterNew York Court of Appeals · 1883
  4. Fulton L., H. P. Co. v. . State of N.Y.New York Court of Appeals · 1911
  5. Weber v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1915

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