People's Rapid Transit Co. v. Dash
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 7, 1890, which affirmed an order of Special Term. denying an application to condemn lands for railroad purposes.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made June 7, 1890, which affirmed an order of Special Term. denying an application to condemn lands for railroad purposes. This was a proceeding under the General Eailroad Act (Chap. 140, Laws of 1850), and the acts amendatory thereof, by the People’s Eapid Transit Company, a corporation organized under said act, to acquire the land of Bowie Dash, in the «city of New York, for the purposes of its railroad. The facts material to the questions discussed are stated in the opinion.' The language of an act…
1Opinion of the CourtPeckham, J.
There are two grounds for denying this, application.
First. It seems to me plain that the act of 1860 (Chap. 10), interposes an insurmountable objection to the granting of it. It is stated in behalf of the petitioner that there is no intention of building the road through the length of any street, but only across such streets as it will be necessary to cross in its proposed route through the city, from its northern boundary to the City Hall park. The act of 1860 prohibits the building of any railroad “ in, upon or along any or either of the streets or avenues of the city of New York * * *…
2Cases cited1 opinion
- In Re New York District Railway Co.New York Court of Appeals · 1887
3Cited by16 opinions
- De Grauw v. Long Island Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Chesapeake & Ohio Railway Co. v. HewinSupreme Court of Virginia · 1929
- State ex rel. B. Schade Brewing Co. v. Superior CourtWashington Supreme Court · 1911
- Leffmann v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1907
- New York, Lackawanna & Western Railway Co. v. RollNew York Supreme Court · 1900
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