New York Court of Appeals

Mather Williams v. . the New-York Central Railroad Company.

September 5, 185716 N.Y. 97

Summary

The New York Court of Appeals reversed the lower court, holding that the dedication of land to a public highway does not give the railroad a right to occupy the highway without the fee owner's consent or compensation; such occupation is a taking under the constitutional prohibition on uncompensated takings, and the plaintiff is entitled to a perpetual injunction and damages.