New York Central & Hudson River Railroad v. Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Fielding L. Marshall - and others, as execútors ■ and trustees, etc., and others, from an order of the Supreme Court,-made at the New York Special Term "and entered in -the office of the clerk of the county of' New York on the 25th day of January, 1907, confirming the report of commissioners of estimate and assessment. •
1Opinion of the Court
McLaughlin, J.:
This proceeding was instituted to acquire by condemnation a strip of land about 11 feet wide and 523 feet long, situate in the borough of the Bronx, New York city, alongside of two lines of railroads leased to and operated by the plaintiff. The land in question was owned by the defendants, and the commissioners appointed to ascertain and appraise the compensation to be made to them reported that there should be paid the sum of $3,507.60. It is from the final order which confirmed this report that this appeal is taken.
The material facts are practically undisputed. The defendants…
2Cases cited2 opinions
- Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
- Buffalo Stone & Cement Co. v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
3Cited by5 opinions
- Smith v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1932
- New York Central & Hudson River Railroad v. MarshallAppellate Division of the Supreme Court of the State of New York · 1908
- In re Acquiring Title by the County of NassauAppellate Division of the Supreme Court of the State of New York · 1939
- New York Central & Hudson River Railroad v. Shattemuc YachtNew York Supreme Court · 1908
- Walker v. StateAppellate Division of the Supreme Court of the State of New York · 1972