New York, New Haven & Hartford Railroad
New York Supreme Court
Appeal from special term, Westchester county. Proceeding by the New York, New Haven & Hartford Railroad Company, a foreign corporation, to condemn the lands of Henry Welsh and Margaretta Welsh for railroad purposes. From an order appointing commissioners to condemn the land, defendants appeal.
1Opinion of the CourtPratt, J.
The need of plaintiff for the land sought to be condemned is fully proven; and there can be no doubt that the public interest is subserved by granting full facilities to plaintiff to transact its business. The case of In re Marks, (Sup.) 6 N. Y. Supp. 105, must be regarded as establishing the right of the plaintiff to condemn lands in this state. The former action, where the village sought to condemn the same land to be used as a public street, has no bearing upon this proceeding. The question then was whether this land was needed for a public street. The present question is whether this land…
2Cases cited1 opinion
- In re MarksNew York Supreme Court · 1889
3Cited by1 opinion
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901