Wagner v. Central N. E. & W. R.
New York Supreme Court
Appeal from special term, Dutchess county. Action by Gilbert E. Van Wagner against the Central New England & Western Railroad Company. There was a judgment in favor of plaintiff, and defendant appeals. Affirmed.
1Opinion of the CourtBrown, P. J.
This action is in equity to compel defendant to construct an under grade crossing upon plaintiff’s farm. The buildings were all south of the road, while two-thirds of the farm was north of it. Prior to the construction of the railroad the road used in passing from the buildings to that part of the farm just north of' the railroad was at the point designated in the judgment for the under-grade crossing, and at this point the railroad embankment is about 19 feet above the natural grade of the ground. The appellant constructed four grade crossings and one cattle pass, but the court found that…
2Cases cited2 opinions
- Jones v. . SeligmanNew York Court of Appeals · 1880
- Beardsley v. Lehigh Valley Railway Co.New York Court of Appeals · 1894
3Cited by1 opinion
- Powell v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1908