Conklin v. New York, Ontario & Western Railway Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for alleged unlawful acts in entering upon a highway in front of plaintiff’s premises and erecting an embankment thereon. Plaintiff owned the fee to the .center of the highway.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 13, 1881, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover damages for alleged unlawful acts in entering upon a highway in front of plaintiff’s premises and erecting an embankment thereon. Plaintiff owned the fee to the .center of the highway. Defendant having acquired the right, under the General Railroad Act, to cross the highway with its road, did so below grade,…
1Opinion of the CourtFinch, J.
Railroad companies are authorized to cross public highways upon the condition that they restore them to their former state, or so as not to impair their usefulness. The tracks may cross at grade, or above or below it, and the necessities of the railroad govern the choice. The West Shore crossing is not, in this case, complained of. It took for that purpose no land of the plaintiff, and inflicted upon him no injury. What lies at the basis of the action is not the crossing, but the restoration of the highway to its usefulness as such, under the command of the statute. The law assumes that the…
2Cases cited4 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Bellinger v. . the New York Central RailroadNew York Court of Appeals · 1861
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
3Cited by43 opinions
- Reining v. New York, Lackawanna & Western Railway Co.New York Court of Appeals · 1891
- Mathews v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1894
- Rigney v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1916
- Conabeer v. . N.Y. Central H.R.R.R. Co.New York Court of Appeals · 1898
- Morris v. City of IndianapolisIndiana Supreme Court · 1911
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