The People Ex Rel. Daniel Green, Commissioners of Highways v. the Dutchess and Columbia…

Summary

The Court affirmed the peremptory writ of mandamus directing the railroad to restore the public highway, holding that a peremptory writ may vary in immaterial detail from the alternative writ, that the railroad's discretion in the manner of restoration is ministerial and may be directed by the court, that mandamus may compel land acquisition when authorized by statute, and that the order of reference did not create a special verdict limiting the trial court's fact‑finding.