New York Court of Appeals
Mahon v. the New York Central Railroad Company
March 5, 186024 N.Y. 658
Summary
The Court held that the railroad’s construction and operation on the former turnpike land exceeded the authority granted by the legislature, creating a continuing nuisance for which damages may be recovered in successive actions. It affirmed that owners of land bounded by a public highway own the land to the centre of the highway, and that the turnpike’s easement does not permit a railroad. The Court also found that the 1847 widening and raising of the embankment constituted a new injury justifying a second suit, and therefore reversed the lower court and ordered a new trial.