In re Southern Boulevard Railroad
New York Court of Appeals
Appeal from order of the general term of the supreme court in the first judicial department, which affirmed an order of special term denying a motion to vacate an award made by commissioners.
1Opinion of the CourtEarl, J.
The Southern boulevard was laid out in the towns of Morrisania and West Farms, Westchester county, under the act, chapter 290 of the Laws of Í867. It passed through the land of Paul Spofford, and his land was taken for its construction, and a substantial award was made therefor under, the act, the 24th section of which was as follows: “ Said road when constructed shall be kept and maintained for the public use as an avenue and boulevard; and except for the purposes of crossing the same, no railway or tramway shall be laid or constructed thereon', or upon any part thereof by any persons or…
2Cases cited7 opinions
- Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- In the Matter, Etc., of P.P. C.I.R.R. Co.New York Court of Appeals · 1881
- In re Southern Boulevard RailroadNew York Supreme Court · 1890
- Matter of Petition of N.Y. H.R.R. Co.New York Court of Appeals · 1885
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