People ex rel. Dunkirk & Fredonia Railroad v. Cassity
New York Supreme Court
This cause -was brought before this court by virtue of a common law certiorari, issued to the assessors of the town of • Dunkirk.
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This cause -was brought before this court by virtue of a common law certiorari, issued to the assessors of the town of • Dunkirk. It appeared from the return made to the writ, that the relator was a railroad corporation, organized under and in pursuance of chapter 265 of the Laws of 1864, as amended by chapter 34 of the Laws of 1866, for the purpose of constructing and operating a horse railroad ■ through and upon certain streets and highways of the village and town of Dunkirk, and of the town of Pomfret and village of Fredonia, from the depot of the Erie Railway Company, in the village of…
1Opinion of the Court
*296By the Court
Daniels, J.
Before the railroad was constructed upon the streets and highways over which it passes, the relator, by voluntary grants from the owners of the fee in the soil, acquired the right of way for it, for the purpose of building, laying down, constructing and operating its railroad. These were the terms used in the grants for the purpose of designating and describing the interest which the relator acquired in the land required to be appropriated to the use of the railroad. And they were taken from all the adjacent land owners, whose lands were bounded by the streets and…
2Cases cited7 opinions
- Williams v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Craig v. . Rochester City Brighton R.R. Co.New York Court of Appeals · 1868
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Striker v. MottNew York Supreme Court · 1831
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3Cited by3 opinions
- People ex rel. Central Park, North & East River Railroad v. Commissioners of Taxes & AssessmentsNew York Supreme Court · 1889
- People ex rel. Davidson v. GilonNew York Supreme Court · 1890
- People ex rel. Smith v. Commissioners of Taxes & AssessmentsNew York Supreme Court · 1877