Benedict v. Goit
New York Supreme Court
Demurrer to plea. The action was trespass, and the declaration; in the first count, charged the defendant with entering upon a portion of the plaintiff’s land and premises and digging up the soil and carrying and removing the soil so dug up, to another portion of the premises, so as to raise an embankment thereon to the height of eight feet, and placing thereon and attaching thereto divers planks, timbers, and other erections.
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Demurrer to plea. The action was trespass, and the declaration; in the first count, charged the defendant with entering upon a portion of the plaintiff’s land and premises and digging up the soil and carrying and removing the soil so dug up, to another portion of the premises, so as to raise an embankment thereon to the height of eight feet, and placing thereon and attaching thereto divers planks, timbers, and other erections. The second count was for entering upon the plaintiff’s premises and digging up, cutting down, removing and carrying away the soil tó thé d'epth of six feet, whereby a…
1Opinion of the Court
By the Court,
Gridley, J.
The questions raised upon the demurrer in this cause involve the constitutionality of one of■ *465the provisions of the act organizing the “ Rome and Oswego Road Company,” and authorizing the construction of the road known as the plank road, leading from Rome to Oswego. By the second section of the act, (Laws of 1844, p. 434,) the provisions of the general statute concerning turnpike corporations, (1 R. S. 581,) are adopted, and made applicable to the road in question. The 29th section of the general act confers the power of taking any public highway, by appraising the…
2Cases cited1 opinion
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
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