President, Managers & Directors of the Delaware & Hudson Canal Co. v. Village of Whitehall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 3, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made May 3, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff to restrain the defendants from opening a street across its lands, which street the board of trustees of the village of Whitehall had laid out and were proceeding to open, they claiming the right, under the act (Chap. 62, Laws of 1863), to open it across said lands, without compensation. The court found: “ That…
1Opinion of the CourtDanforth, J.
The statute (Chap. 62, Laws of 1863), regulating “ the construction of roads and streets across railroad tracks,” and the interpretation heretofore given to it by this court (Albany N. R. R. Co. v. Brownell, 24 N. Y. 345; Boston & Albany R. R. Co. v. President and Trustees of the Village of Greenbush, 52 id. 510) requires the affirmance of the judgment. The statute (supra) makes it lawful for the authorities of certain municipalities, among whom are the defendants, “ to lay out any street or highway across the track of any railroad,” then laid, or which might thereafter be laid out, “ without…
2Cases cited1 opinion
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
3Cited by13 opinions
- City of Fort Wayne v. Lake Shore & Michigan Southern Railway Co.Indiana Supreme Court · 1892
- Crosby v. Portland Ry. Co.Oregon Supreme Court · 1909
- Fohl v. Common Council of Village of Sleepy Eye LakeSupreme Court of Minnesota · 1900
- City of Grafton v. St. Paul, Minneapolis & Manitoba Railway Co.North Dakota Supreme Court · 1907
- St. Paul, Minneapolis & Manitoba Railway Co. v. City of MinneapolisSupreme Court of Minnesota · 1886
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