Jones v. . Seligman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below, 16 Hun, 230.) This action was brought to compel defendants, as acting trustees of the bondholders of the Hew York, Boston and Montreal Railway Company, to build and maintain fences on each side of the lands taken by them from plaintiff in proceedings for that purpose, on which the road of said company, where it crossed plaintiff’s farm, is constructed, and also to compel…
1Opinion of the CourtMiller, J.
This action, was brought for equitable relief against the defendants as acting trustees of the bondholders of the Mew York, Boston & Montreal Bailway Company, and the complaint asks that the defendants be adjudged to specifically perform the duties imposed upon them by law in respect to the matters set forth, and that they be required to build and maintain fences on each side of the lands taken by them from the plaintiff for railroad purposes, and described in the complaint, on which their railway is constructed, and which runs through the plaintiff’s farm, in the manner required by law, and…
2Cases cited4 opinions
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
- Wademan v. . Albany and Susquehanna R.R. Co.New York Court of Appeals · 1873
- Wheeler v. Rochester & Syracuse RailroadNew York Supreme Court · 1851
- Smith v. New York & Oswego Midland RailroadNew York Court of Appeals · 1875
3Cited by30 opinions
- Schrimper v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1900
- Tobin v. Union News Co.New York Court of Appeals · 1964
- In re the Arbitration between Grayson-Robinson Stores, Inc. & Iris Construction Corp.New York Court of Appeals · 1960
- Bettancourt v. Gilroy Theatre Co., Inc.California Court of Appeal · 1953
- Buffalo Stone & Cement Co. v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
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