Legal Opinion

The Albany Northern Railroad Company v. . Brownell

New York Court of Appeals

Decided March 5, 1862PublishedCited by 69 opinions

Appeal from the Supreme Court. Action in the nature of a bill in equity, to restrain the defendants, as commissioners of highways of the town of Hoosick, from opening an alleged highway across the plaintiffs’ track, and side track and i grounds, at their station at Buskirk’s Bridge, in that town; and to have the proceedings for laying out the highway ad- ' judged to be illegal and void.

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Appeal from the Supreme Court. Action in the nature of a bill in equity, to restrain the defendants, as commissioners of highways of the town of Hoosick, from opening an alleged highway across the plaintiffs’ track, and side track and i grounds, at their station at Buskirk’s Bridge, in that town; and to have the proceedings for laying out the highway ad- ' judged to be illegal and void. The case was tried before one of the justices of the Supreme Court, without a jury, in October, 1855. It appeared that the plaintiffs’ corporation was established, under the general railroad act, to construct…

1Opinion of the CourtDenio, J.

I am of opinion, in the first place, that the plaintiffs were not entitled to relief, on account of the alleged irregularities in laying out the road. If they were such as to deprive the commissioners of highways of jurisdiction, as is argued by the plaintiffs’ counsel, still an injunction was not a proper remedy. It may be that, upon the facts proved, the order of the commissioners in laying out the road would be : void, and that all persons acting "under their orders in opening it would be trespassers. But the defect would be simply one of form, which might be remedied by a new proceeding,…

2Cases cited5 opinions

  1. In the Matter of Oliver Lee Co's BankNew York Court of Appeals · 1860
  2. Scott v. . OnderdonkNew York Court of Appeals · 1856
  3. West v. Mayor of New-YorkNew York Court of Chancery · 1844
  4. Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836
  5. Miller v. New York & Erie Rail RoadNew York Supreme Court · 1856

3Cited by69 opinions

  1. People v. . O'BrienNew York Court of Appeals · 1888
  2. State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
  3. Leep v. Railway Co.Supreme Court of Arkansas · 1894
  4. Chicago & Northwestern Railway Co. v. City of ChicagoIllinois Supreme Court · 1892
  5. Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912

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