Chapman v. Albany & Schenectady Railroad
New York Supreme Court
This was an action on the case to recover damages for injuries sustained by the plaintiff, in consequence of the construction of the defendants’ railroad across Broadway, in the city of Albany, near the plaintiff’s premises. The action was tried at the Albany circuit in July, 1848, before Mr. Justice Hand.
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This was an action on the case to recover damages for injuries sustained by the plaintiff, in consequence of the construction of the defendants’ railroad across Broadway, in the city of Albany, near the plaintiff’s premises. The action was tried at the Albany circuit in July, 1848, before Mr. Justice Hand. It appeared upon the trial, that in 1844 the defendants, in pursuance of authority granted by the legislature, and with the consent of the common council of Albany, constructed their railroad across Broadway, entering that street upon the easterly side, at a point nearly opposite to the…
1Opinion of the Court
By the Court, Harris, J.
The judge at the circuit was right, in holding that the defendants were authorized, by the acts of the legislature and the corporation of Albany, to construct their road across Broadway. Whatever may be the rule in respect to ordinary highways, it is certain that streets, within the limits of municipal corporations, are not exclusively to be devoted to the use of foot passengers and vehicles moved by animal power. This is, undoubtedly, their primary and principal, but it is by no means their only use. Sewers and drains may be constructed, and water-pipes and gas-pipes…
2Cases cited4 opinions
- Lexington & Ohio Rail Road v. ApplegateCourt of Appeals of Kentucky · 1839
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Fletcher v. Auburn & Syracuse Rail RoadNew York Supreme Court · 1841
- Trustees of the First Baptist Church v. Utica & Schenectady RailroadNew York Supreme Court · 1848
3Cited by17 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Milburn v. City of Cedar RapidsSupreme Court of Iowa · 1861
- Macy v. City of IndianapolisIndiana Supreme Court · 1861
- Elizabethtown, Lexington & Big Sandy Railroad v. CombsCourt of Appeals of Kentucky · 1874
- Milhau v. SharpNew York Supreme Court · 1853
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