In Re the Proceedings by Washington Street Railroad
New York Court of Appeals
Appeal from judgment of supreme court, general term, fourth department, reversing order and judgment of special term denying prayer of petitioners for appointment of commissioners to ascertain and determine the point and manner of crossing, and the compensation to be paid to the Syracuse, Binghamton and N Y. R. R. Co. therefor.
1Opinion of the CourtPeckham, J.
Two grounds for denying the prayer of the petitioner for the appointment of a commission have been argued before us. It has been urged (1) that the two original companies whose valid consolidation is herein denied were never themselves legally incorporated, and (2) if they were so incorporated, yet even then they could not become consolidated into a new corporation because there is no law under which such consolidation could be effected.
We think neither ground is well taken
As to the first. Both corporations were organized under the general railroad act of 1850 and its amendments. It is…
2Cases cited4 opinions
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
- In Re New York District Railway Co.New York Court of Appeals · 1887
- Easton v. . PickersgillNew York Court of Appeals · 1873
3Cited by7 opinions
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- People v. GoodrichNew York Supreme Court · 1914
- Eden Musee American Co. v. BinghamNew York Supreme Court · 1908
- Smith v. City of BuffaloNew York Supreme Court · 1895
- People ex rel. Weiss v. City of BuffaloNew York Supreme Court · 1901
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