People Ex Rel. Green v. Dutchess & Columbia Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment awarding a peremptory writ of mandamus against the defendant, directing it to restore a highway over which it had constructed its road, as required by the general railroad act.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment awarding a peremptory writ of mandamus against the defendant, directing it to restore a highway over which it had constructed its road, as required by the general railroad act. (Sub. 5, § 28, chap. 140, Laws of 1850.)- The relators, as commissioners of highways of the town of Fishkill, Dutchess county, applied for and obtained an alternative writ of mandamus which alleged, in substance, that defendant constructed its track over and along a public highway between Fishkill and…
1Opinion of the CourtFolger, J.
The first point made by the appellant is this: That the peremptory writ does not follow the alternative writ, in that it directs less to be done by the appellant than does the alternative writ. In fact, the direction of the peremptory writ is different from that of the alternative. The difference is, however, in some of the details only of the general command. It does not differ in substance, nor in the general matter commanded. There is but one tiling directed to be done — one in its substance, and in its result. That is, to restore the public highway to the .condition of usefulness in which…
2Cases cited6 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- People Ex Rel. Johnson v. Board of SupervisorsNew York Court of Appeals · 1871
- Langley v. . WarnerNew York Court of Appeals · 1850
- People ex rel. Knapp v. Judges of the Court of Common PleasNew York Supreme Court · 1825
1 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- Atlantic Coast Line R. Co. v. North Carolina Corporation Comm'nSupreme Court of the United States · 1907
- Wisconsin, Minnesota & Pacific Railroad v. JacobsonSupreme Court of the United States · 1900
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1886
- State ex rel. Currie v. WeldSupreme Court of Minnesota · 1888
- People Ex Rel. Attorney-General v. New York, Lake Erie & Western R. R.New York Court of Appeals · 1887
48 more not listed; retrieve them via the Exa API.