New York Court of Appeals

The Albany Northern Railroad Company v. Brownell

March 5, 186224 N.Y. 345

Summary

The Court affirmed the lower court, holding that the statute authorizing highways across railroad tracks does not violate the Constitution but does not permit a highway to be laid over land acquired by the railroad for an engine‑house or similar structures without compensation, and that an injunction is appropriate to protect the railroad's title to such land.