Matter of Union E.R.R. Co. of Brooklyn
New York Court of Appeals
Appeals from four orders of the General Term of the .Supreme Court in the second judicial department, made June 25, 1888, affirming orders of Special Term granting the application of the petitioner for the appointment of commissioners to appraise the compensation to be made to the owners or persons interested in the streets and premises in the city of Brooklyn sought to be acquired by the petitioner for the purposes of its road.
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Appeals from four orders of the General Term of the .Supreme Court in the second judicial department, made June 25, 1888, affirming orders of Special Term granting the application of the petitioner for the appointment of commissioners to appraise the compensation to be made to the owners or persons interested in the streets and premises in the city of Brooklyn sought to be acquired by the petitioner for the purposes of its road. The application was opposed by the landowners on the ground that the petitioner had not been legally incorporated. It appeared that in February, 1886, upon a verified…
1Opinion of the CourtGray, J.
The parties, who are affected by these proceedings to acquire title to their property, privileges and easements, to the extent necessary for the construction and operation of an elevated railroad, oppose the same, on the ground that the petitioner never was duly -incorporated, that it had no existence as a corporation and has no right to construct and operate a railroad on certain streets, etc. There is no doubt as to the correctness of the proposition, that the right of eminent domain cannot be exercised by a corporation to deprive a citizen of his property, or property rights, except it be…
2Cases cited7 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- Donnelly v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Appleton v. City of NewtonMassachusetts Supreme Judicial Court · 1901
- City of Buffalo v. HawksAppellate Division of the Supreme Court of the State of New York · 1929
- Bennett v. Chicago Lumber & Coal Co.Supreme Court of Iowa · 1924
- In re the Accounting of Security Trust Co.New York Surrogate's Court · 1947
- Bowling v. StatesCourt of Appeals for the Eighth Circuit · 1924
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