Legal Opinion
People v. . N.Y.C. and H.R.R.R. Co.
New York Court of Appeals
Decided September 17, 1878PublishedCited by 22 opinions
1Opinion of the Court
We concur with the opinion of TALCOTT, J., in the court below as to the construction of the statute authorizing railroad corporations whenever the track of a railroad shall cross a highway to carry the highway over or under the track "as may be found most expedient," that the election is with the company, and when exercised in good faith is not reviewable. (Laws of 1850, chap. 140, § 24.) The general rule is that when a party is authorized to do one or more acts he has an election, which he will do. (Reg. v. So. E. Railway Co., 6 Eng. L. Eq., 214.) I think this rule applies to this case so…
2Cases cited3 opinions
- People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
- President of Waterford v. PeopleNew York Supreme Court · 1850
- Cott v. . the Lewiston Railroad Co.New York Court of Appeals · 1867
3Cited by22 opinions
- United States, Ex Rel. v. C., O. G. R. R. Co.Supreme Court of Oklahoma · 1895
- American Tobacco Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Gilmore v. . City of UticaNew York Court of Appeals · 1890
- Frank v. EatonAppellate Division of the Supreme Court of the State of New York · 1928
- Illinois Central Railroad v. City of ChicagoIllinois Supreme Court · 1892
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