The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-01-01
A SUIT FOR An OLD ROAD BED.
a Long Contest Ended In Favor OF the Troy
and Boston Railroad.

Troy. Dec. 3l.-,Iudge Osborn to-day de-
cided the hotly contested suit Of the Troy and
Boston Railroad agt. the Boston. Hoosac Tun-
mel and Western Railway. involving the owner
ship Of tho old roadbed oi the Albany and
Northern Railroad from Waterford TO Eagle
Bridge. in favor Of the plaintiffs. The roadbed
in question ran ALMOST parallel for several
miles with the Troy and Boston road. and in
1862 that company obtained perpetual lease
OF. and ceased 10 operate it taking up the ties.
rails. etc. The farmers along the line claimed
that the abandoned roadhed reverted TO them.
aud they cultivated IT, When Gen. Burt began
operations for the new road which was TO af-
ford an outlet for the Erie Railroad TO Boston,
he obtained the consent Of the farmers and pro-
ceedod to use part of tho old roudbed. He was
enloined. at the instance Of the Troy and Bos-
ton Company. but continued work after giving
oyAn' 'uuEs N7"vlh utSlues tuht lh" Troy
aub bBoston Company are the lawful owners Of
the old ruadhed. and that the Boston. Hoosac
Tunnel and Western Railway ara IN Illegal pos
session; 4 permanent injunction restraining
the defendants from interfering in any way
with the road Is granted. and they are
ordered TO pay NIL costs aud an extra
doubleday be- taken. and Il the decision is sus-
tained another survey will BE- necessary which
with tho building oi a new rond TO connect with
thc Ho0sac Tunnel line, will involve very
heavy expense and for q long timc prevent the
grently-dcsired outlet for the Erie Railroad 70
Boston and the Iasi via the Delaware and Hud-
son Compnny's roads. The Boston. Hoosac Tun-
mel and Western Railroad have completed the
road on the diHputed territory and trains be-
gan running between Mechancsville and Eagle
Bridge yesterday The following are the con-
clusions Of law found.
fu,t-rat the several acts and uings committed and
threatened tu BE- committed by The Boston Ho0sac ruune
and Western Railway Company. It's officers. agen
aud scfNans under ts direction and authority. IN and
upon at poruun o the railru1d OF the Albany and Yer
mont Railroad Company LEASED tu the plaun as anre
sad as charged iu the compliant aud proven Admit
ted on The tfia were and turtous illegal ami
ful tending 90 deprive the plaintiff of it, LAWFUL rght 9,
tc Use. posse and property of said demsel prem
j. and tending 10 work irreparuhe injury thereto
which mo adequate redress can BE- had by action OF
Acuous AZ law.
secund-That the plaintiff l. enuled 70 the ultimate
relief demanded in the glint aud the process mn
court 20 restore % the po-s ~ the said deniet
premises and the permanent Injunction Of thi. Cour
restraining the said defendants ani each Of them aut
their and each OF their officers aErnts contractors
servants from m any manner interfering with dis
urhing the possession OF the piainun 10 the said de-
missed premises and property or any part thereof auC
from interfering with disturbing tile said deuiel
premises or any part " portion thereof and from lawn.
WI on part thereof railroad ties rails aud iron
In any manner operating ne same OR any part thereof a
a railroad and from removing thereirom any earth
stone u,s. iron rails or other materials thereon OF ap
pertaining th,rst and Judgment Il ordered accordingl
IN fANur Of the said pHuu against tie said defendants
tutcthcr with o.. cost Oi this actun against Tie Boston
hOosac Tunnel and Western Railway Company