Richardson v. . New York Central R.R. Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the seventh judicial district, affirming a judgment entered upon the report of Hon. Addison Gardiner, referee, in favor of the plaintiff. The defendant’s railroad passing through the town of Pitts-field, in the county of Monroe, crosses a public highway.
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Appeal from an order of the General Term of the Supreme Court, in the seventh judicial district, affirming a judgment entered upon the report of Hon. Addison Gardiner, referee, in favor of the plaintiff. The defendant’s railroad passing through the town of Pitts-field, in the county of Monroe, crosses a public highway. At the point of crossing, the railroad is raised upon an embankment about ten feet above the natural level of the surrounding ground, over which embankment the highway is carried. The track approaches the highway from the sonth through an excavation, deep enough to cut off all…
1Opinion of the CourtPeokham, J.
The statute allows railroads to cross public highways, but requires the railway company “ to restore the highway thus intersected to its former state, or to such state as not unnecessarily to have impaired its usefulness.” (3 N. Y. S. at Large, Edm. ed., 628, § 28, sub. 5.) Another provision authorizes such companies, in crossing a highway, to go under or above it, as may be expedient. (Id., 626, § 24.) Did the legislature intend by these provisions to allow a railway company to shut up a highway and deprive the people of its entire use? That would seem to be the effect of reversing this…
2Cases cited1 opinion
- MacKay v. . New York Central RailroadNew York Court of Appeals · 1866
3Cited by15 opinions
- Missouri, Kansas & Texas Railway Co. v. RogersTexas Supreme Court · 1897
- Indianapolis & St. Louis Railroad v. StoutIndiana Supreme Court · 1876
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Louisville, New Albany & Chicago Railway Co. v. SmithIndiana Supreme Court · 1883
- Hubbard v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1894
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