Mosier v. Hilton
New York Supreme Court
This was an action for an injury to real estate. The defendant justified the entry under the authority of the “ Rochester, Lockport and Niagara Falls Railroad Company.” The entry upon the premises was admitted.
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This was an action for an injury to real estate. The defendant justified the entry under the authority of the “ Rochester, Lockport and Niagara Falls Railroad Company.” The entry upon the premises was admitted. The important questions in the case, arose upon the defense, namely, whether the Rochester, Lockport and Niagara Falls Railroad Company had a legal existence as a corporation and had acquired a good title to the locus in quo, and a right to enter and construct their road thereon. The facts, and the questions raised by the plaintiff, appear sufficiently in the opinion. The learned…
1Opinion of the CourtMarvin, P. J.
It becomes necessary to examine the statutes touching the Lockport and Niagara Falls Railroad Company, and the statute under which the Rochester, Lockport and Niagara Falls Railroad Company claim existence. The Lockport and Niagara Falls Railroad Company was incorporated by an act passed for that purpose, April 24, 1834. (Session Laws,p. 225.) The stockholders were constituted a body corporate, with power to construct a single or double railroad from Lockport to Niagara Falls. The directors were empowered to cause examinations and surveys of the route to be made, and to select the line for…
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