In January 1876, a test case went on trial in New York Supreme Court, brought by Charles Higham against the NY&H and a contractor for injuries to his business that resulted from obstructions raised by construction on the project. During the trial, the NY&H was dismissed as a defendant. The case was decided on July 6, 1877, and it was determined that the contractor could use the street and roadway to complete its work, but only if it were necessary. Higham won the case, but only received minimal compensation.