People ex rel. New York Central & Hudson River Railroad v. Walsh
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Oourt in the third judicial department, entered January 7, 1914, which reversed solely on a question of law an order of Special Term granting a motion in behalf of the relator and appellant for a peremptory writ of mandamus to compel the defendant Walsh to audit a claim of relator and deliver to relator a warrant on the state-treasurer for the amount audited, and the defendants Duncan W. Peck, superintendent of…
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Appeal from an order of the Appellate Division of the Supreme Oourt in the third judicial department, entered January 7, 1914, which reversed solely on a question of law an order of Special Term granting a motion in behalf of the relator and appellant for a peremptory writ of mandamus to compel the defendant Walsh to audit a claim of relator and deliver to relator a warrant on the state-treasurer for the amount audited, and the defendants Duncan W. Peck, superintendent of public works of the state, and William B. Milliman, special examiner and appraiser of canal lands, to execute and deliver…
1Opinion of the CourtCollin, J.
The alleged invalidity of the agreement of July 27,1911, results, the learned attorney-general asserts, from several of its provisions. He points out as invalid and unenforceable the provision requiring the state to convey to the relator by a quitclaim deed a permanent easement to use for railroad purposes the land of relator’s right of *96way which was appropriated by the state. It is, of course, conceded and expressed by the parties that the use and occupation of the land under the easement was that to be effected by the erection and maintenance of the bridge in accordance with the plans…
2Cases cited10 opinions
- Hobbs v. McLeanSupreme Court of the United States · 1886
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Canal Co. v. HillSupreme Court of the United States · 1872
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Manson v. . CurtisNew York Court of Appeals · 1918
- In Re the Arbitration Between Western Union Telegraph Co. & American Communications Ass'nNew York Court of Appeals · 1949
- Madawick Contracting Co. v. Travelers InsuranceNew York Court of Appeals · 1954
- Viking Pump, Inc. v. Century Indemnity Co.Court of Chancery of Delaware · 2009
- Armstrong Rubber Co. v. GriffithCourt of Appeals for the Second Circuit · 1930
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