2 Paige Ch. 116 | New York Court of Chancery | 1830
The facts in this case are few and simple; and the Cause turns upon the legal construction of the act of incorporating the Cayuga Bridge Company, and the several acts ' amending the same. The company were incorporated in March, 1797, for the term of 25 years, for the purpose of building a bridge over' the Cayuga lake or the outlet
The site of the free bridge of the defendants and their associates is more than-three miles, north of the. company’s bridge across the Cayuga lake, but it is' only a few rods-over one mile from their bridge across the outlet. The complainants insist that under the several acts in relation to théir corripány they have the exclusive right to the distance of threé miles both ways. from each of their bridges; and that no bridge or ferry can be erected or established, and no person can cross the lake- or outlet ■ within those distances without paying toll to them for the privilege. On the part of the defendants, it is contended that the, exclusive right of the corporation is confined • in extent -to. three‘miles ' éach way from the place where their" first bridge was erdcted; and-where their present bridge across the lake now stands.. " ,
If the construction contended for by' the complainants is correct, it- is evident' no free bridge can be erected. The. ' Montezuma bridge is within six miles of the company’s bridge _ over the outlet and by the ninth'section of the act of the 31st of March, 1815, (sess. 38, ch., 120,) no bridge can be built within three miles of the place' where the Montezuma bridge is erected. The act of 1825 authorizes the defendants and their associates to erect a free bridge “ at a certain point in . the vacancy between the bounds or rights included in the respective charters of the Cayuga Bridge Company and the Montezuma Bridge Company, near to and north of the north ."boundary of the first mentioried charter.” This is urged by
The exclusive privileges contained in the second section] of the act of March, 1799, are in derogation of common! right, and therefore ought not to be extended by implica-t tion. A majority of the supreme court have decided that no person can cross the lake on the ice, within the prescribed limits, without being liable to pay toll to the corporation. (The Cayuga Bridge Company v. Stout, 7 Cowen’s R. 33.) It therefore is the more important that such injudicious grants of exclusive privileges should not be farther extended by construction. The act of 1797 is declared to be a public act, and is to be construed benignly and favorably for every beneficial purpose therein intended. No exclusive privilege was granted by that act; and it is proper to remark, that no such provision is contained in the acts of 1799 and 1812. So far, therefore, as the two last acts are in derogation of common right, they must be construed strictly against the company, according to the principles of the common law. (2 Mass. R. 146. 4 id. 140. 2 Mod. R. 57.)
It may be proper in the first place to ascertain what were the rights of the corporation under the act of 1799 in relation to this exclusive privilege, and then see how they were altered or affected by the subsequent act. The act of 1797 authorized the company to erect a bridge either across the Cayuga lake, or the outlet thereof. In the act of 1799, the outlet is not mentioned, either in the clause extending the time to complete the bridge, or in that which prohibits persons from crossing without paying toll. Whether the language of this act was changed because the company had de
There is nothing in the act of 1812 which either expressly or by implication extends the restricted limits beyond what they were under the act of 1799. The original char
The result of this opinion is, that the defendants and their associates are authorized to erect the free bridge at the place
I regret that in this case it is not in the power of the court to remunerate the defendants for the loss they have sustained. The injunction has compelledlfhem for a time to suspend operations, to the great damage of their work .whi'ch^vas partially completed ; and' much loss' must have been sustained by the waste and deterioration of materials. Py predecessor understood the rights of the parties different- ; it was therefore his duty to issue, and continue the injunction. The new rules of the court have provided for cases of this kind hereafter, by requiring a bond from the complainant to pay^lhe damages sustained by the defendant, in consequence oían injunction, if the justice of the case turns out to be in favor of the latter. (Rule 31.) If the officer allowing the injunction neglects to take such bond, in a proper case, tW parties liable to be injured by the injunction must make* special application to the court for relief.