Buffalo and New-York Railroad v. . Brainard
New York Court of Appeals
Each of these cases presented the same questions for decision. The Attica and Homellsville Railroad Company was incorporated by the legislature, May 14th, 1845, for the purpose of constructing a railroad from Attica in the county of Wyoming to. Homellsville in the county of Steuben, passing through parts of the counties of Genesee, parties to the proceedings should be barred of all estate and interest in the lands during that time.
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Each of these cases presented the same questions for decision. The Attica and Homellsville Railroad Company was incorporated by the legislature, May 14th, 1845, for the purpose of constructing a railroad from Attica in the county of Wyoming to. Homellsville in the county of Steuben, passing through parts of the counties of Genesee, parties to the proceedings should be barred of all estate and interest in the lands during that time. In pursuance of the provisions of this act, and not under its original charter, the Attica and Hornellsville Railroad Company in April, 1851, presented to the…
1Opinion of the Court
■ Mason, J.,
delivered the opinion of the court.
The first and most important question in this case is, whether the legislature .possessed the constitutional powers to authorize railroad corporations to take the property of private individuals for the purposes of their roads in the manner provided in the act of April 2, 1850, entitled “An act to authorize the formation of railroad corporations, and to regulate the same.” This act authorizes any number of persons not less than tw,enty-five to form a company for the purpose of constructing a railroad, by subscribing at least one thousand dollars…
2Cases cited4 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- M'Masters v. CommonwealthSupreme Court of Pennsylvania · 1834
- O'Hara v. Lexington & Ohio Rail RoadCourt of Appeals of Kentucky · 1833
3Cited by20 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Varner v. MartinWest Virginia Supreme Court · 1883
- Porter v. . International Bridge Co.New York Court of Appeals · 1910
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