Bloodgood v. Mohawk & Hudson Rail Road
New York Supreme Court
Construction of rail road laws. The plaintiff declared in trespass quare clausum fregit, alleging that the defendants by their servants entered his closes with carriages, &c., broke down and destroyed his fences, and dug and subverted the soil, &c.
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Construction of rail road laws. The plaintiff declared in trespass quare clausum fregit, alleging that the defendants by their servants entered his closes with carriages, &c., broke down and destroyed his fences, and dug and subverted the soil, &c. The defendants justified under their act of incorporation, (Statutes of 1826, page 286, fyc.) by the seventh section of which act it is enacted “ That the said corporation be and they are hereby authorized, by their agents, surveyors and engineers, to cause such examinations and surveys to be made, of the ground lying between the Mohawk and Hudson…
1Opinion of the Court
By the Court,
Sutherland, J.
The plea demurred to sets out substantially the enacting part of the seventh section of the act by which the defendants were incorporated, and the averments which it contains were undoubtedly sufficient to bring them within its provisions, and to justify the trespasses complained of, unless the enacting clause is qualified and restrained by the proviso contained in the same section. It was obviously the intention of the legislature to authorize the corporation to enter upon and take possession of such land as they should think necessary for the route and…
2Cases cited2 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Wheelock v. YoungNew York Supreme Court · 1830
3Cited by23 opinions
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Buffalo Bayou, Brazos & Colorado Railroad v. FerrisTexas Supreme Court · 1863
- Hatch v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Lake Erie & Western Railway Co. v. KinseyIndiana Supreme Court · 1882
- State v. B. & O. R. R.West Virginia Supreme Court · 1879
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