Miller v. New York & Erie Rail Road
New York Supreme Court
CASE .submitted for the opinion of the court, upon the following facts: The plaintiffs are commissioners of highways of the town of Walkill, Orange county.
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CASE .submitted for the opinion of the court, upon the following facts: The plaintiffs are commissioners of highways of the town of Walkill, Orange county. The line of rail road belonging to said defendants passes through the said town, and the commissioners have, according to the provisions of the statute in such case made and provided, laid out a public road or highway over and across the track and unimproved lands of the New York and Erie rail road, which proceedings are admitted to be regular. After the laying out of said public road or highway, the plaintiffs served a notice on the…
1Opinion of the Court
By the Court, S. B. Strong, J.
The plaintiffs contend that the defendants are bound to construct over and across their rail road, without compensation, a part of a highway recently laid out in the town of Walkill pursuant to the act to regulate the construction of roads and streets across rail road tracks, passed March 29,1853. The first section authorizes the proper authorities to lay out a street or highway across the track of a,ny rail road without compensation to the corporation owning said rail road. The second section requires the rail road corporation to cause the proposed new street or…
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- Commissioners on Inland Fisheries v. Holyoke Water Power Co.Massachusetts Supreme Judicial Court · 1870
- Cleveland v. City Council of AugustaSupreme Court of Georgia · 1897
- Alabama & Florida Railroad v. KenneySupreme Court of Alabama · 1864
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