Mohawk & Hudson Rail Road v. Artcher

Citations

• 6 Paige Ch. 83

Syllabus

<p>The owner of land through which a private road or way is proposed to be laid out is entitled to a written notice, of the time and place of meeting of the jury of freeholders to'determine the question as to the necessity of such road or way. But where such owner upon a verbal notice merely, appears and contests the matter before the jury, without making any objection on the ground of a want of sufficient notice, he will be deemed to have waived the objection to the regularity of the proceeding.</p> <p>Neither a public, nor a private road or way can, under the provisions of the revised statutes, be laid out across the fixtures and erections upon the inclined plain of a rail road which are used for the drawing up or letting down cars, for the conveyance of merchandize or passengers.</p> <p>It seems a private road, or way, laid out through the lands of an individual, cannot be opened and used, until after the damages of the owner of the land have not only been assessed but actually paid by the person for whose benefit the road or way is laid out and opened.</p> <p>The court of chancery has jurisdiction to proceed by injunctionjwhere public officers, under a claim of right, are proceeding illegally and improperly, to injure or destroy the real property of an individual or a corporation, or where it is necessary to prevent a multiplicity of suits, although the defendants may be sued at law.</p>