Troy & Boston Railroad v. President of the Northern Turnpike Co.
New York Supreme Court
Appeal, from the appraisal and report of commissioners. The track of the Troy and Boston railroad crosses the Northern Turnpike four times. Once near the village of Lansingburgh, at a place called Oil Mill Hill, and three times in the town of Pittstown. At the Oil Mill Hill, it crosses at a grade seven inches lower than the turnpike. The second crossing is about 17 miles from Troy.
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Appeal, from the appraisal and report of commissioners. The track of the Troy and Boston railroad crosses the Northern Turnpike four times. Once near the village of Lansingburgh, at a place called Oil Mill Hill, and three times in the town of Pittstown. At the Oil Mill Hill, it crosses at a grade seven inches lower than the turnpike. The second crossing is about 17 miles from Troy. There, the railroad company have changed the line of the turnpike for the distance of 754 feet. The new line is 34 feet longer, and of an easier grade. The railroad crosses the turnpike, at" this place, upon a…
1Opinion of the Court
By the Court, Harris, J.
The railroad company obtained the appointment of commissioners, under the 3d section of the act of 1851, relating to railroad corporations. (Sess. Laws of 1851, p. 20.) That section provides, that upon the appointment of such commissioners, “ all subsequent proceedings may be had to obtain the title to lands, to the same extent, and in the same manner, as if the whole amount of the capital stock, &c. had been subscribedin other words, the proceedings are to be in conformity with the provisions of the railroad act of 1850. (a) It is contended by the counsel for the…
2Cases cited3 opinions
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Giles v. O'TooleNew York Supreme Court · 1848
- Rochester & Syracuse Rail Road v. BudlongNew York Supreme Court · 1851
3Cited by11 opinions
- Pause v. City of AtlantaSupreme Court of Georgia · 1896
- Appeal of North Beach & Mission RailroadCalifornia Supreme Court · 1867
- Evansville, Indianapolis & Cleveland Straight Line Railroad v. FitzpatrickIndiana Supreme Court · 1858
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- City of Minneapolis v. WilkinSupreme Court of Minnesota · 1883
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