In re Rensselaer & Saratoga Railroad
New York Court of Chancery
The corporation of the Rensselaer and Saratoga Rail Road Company having appropriated for the use of its railways the lands of certain individuals, without their consent, and being unable to agree with them as to the price of the lands thus taken, commissioners were appointed by the chancellor, in pursuance of the act of incorporation, to appraise the damages which the land owners would sustain from such appropriation of their lands for the use of the company.
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The corporation of the Rensselaer and Saratoga Rail Road Company having appropriated for the use of its railways the lands of certain individuals, without their consent, and being unable to agree with them as to the price of the lands thus taken, commissioners were appointed by the chancellor, in pursuance of the act of incorporation, to appraise the damages which the land owners would sustain from such appropriation of their lands for the use of the company. The owners of the lands, upon the investigation of the subject before the commissioners, claimed, as a part of the damages which they…
1Opinion of the Court
The Chancellor.
The additional fences which these land holders would be obliged to build and maintain, in con-, sequence of the laying of the rail road through their farms, formed a proper subject of consideration in the estimate of the damages. And if the land owners are either legally or equitably bound to build and maintain the whole of the partition fences, between their own lands and those which are taken for the use of the corporation, then the amount allowed by the commissioners is right. In the ordinary case of a turnpike road, running through the lands of an individual, neither the…
2Cited by9 opinions
- Henry v. Dubuque & Pacific RailroadSupreme Court of Iowa · 1855
- Lewis Clark County v. NettMontana Supreme Court · 1928
- Winona & St. Peter R. R. v. WaldronSupreme Court of Minnesota · 1866
- Quimby v. Vermont Central RailroadSupreme Court of Vermont · 1851
- Terry v. New York Central Rail RoadNew York Supreme Court · 1855
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