Judge Haight, to whom the applica
tion was made, refused it, on the
ground that while "the neglect or re
fusal ef a railroad corporatieu to re
ceive aad transport freight tendered
to it by citiaens of the State is a pri
vate wrong, it is not such a public
wrong as will authorize the issuing of
the writ of mandamus." The General
Term of the Supreme Court overrules.
Judge Haight in avigoioos and elab
orate opinion, holding that, "except
in the matter of their ownership,
railroads are public highways, and
that railroad companies are public
corporations. They cannot exist ex
cept by the consent of the State, and
the Slats cannot grant them the
right of eminent domain and other
privileges except for public uses.
The ecceptancs of the rights and
powers conferred upon them by the
people imposes upon them certain
well-define 1 obligations to the people.
