Peter D. Conklin, Appellant v. the New York, Ontario and Western Railway Company, Respondent

Summary

The New York Court of Appeals affirmed the judgment for the railroad, holding that the railroad's alteration of the highway grade to restore the highway after crossing did not constitute a taking requiring compensation and that the railroad was not liable for damages to the adjoining landowner. The court reasoned that the statutory authority granted to the railroad included the duty to restore the highway, and any change of grade within the original highway lines is a public function without additional compensation.