Rochester Railway Co. v. Robinson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1891, which affirmed an order of Special Term, denying an application for the appointment of commissioners to condemn lands for railroad purposes, and dismissing the proceedings. The facts, so far as material, are stated in the opinion. The petition was not defective. (Code Civ.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1891, which affirmed an order of Special Term, denying an application for the appointment of commissioners to condemn lands for railroad purposes, and dismissing the proceedings. The facts, so far as material, are stated in the opinion. The petition was not defective. (Code Civ. Pro. §§ 3357, 3384; Laws of 1884, chap. 252; In re N. Y., W. S. & B. R. R. Co., 64 How. Pr. 216 ; In re N. Y., L. & W. R. R. Co., 99 N. Y. 12; Austin v. Goodrich, 49 id. 266.) Even under general…
1Opinion of the CourtMaynard, J.
The plaintiff is a street surface railroad corporation and has authority, under the Eailroad Law, to condemn real property for its corporate uses. The defendant is the owner of premises upon, one of the streets in the city of Bochester, along which the plaintiff proposes to construct and-maintain its roadway. For such a purpose it is necessary to. have an easement upon defendant’s property, and not being able to agree with him for its purchase, the plaintiff instituted this proceeding under the condemnation law by the presentation of a petition to the Monroe Special Term, August 25, 1890.
The…
2Cases cited1 opinion
- Brown v. . ChamplinNew York Court of Appeals · 1876
3Cited by58 opinions
- Coatsworth v. Lehigh Valley Railway Co.New York Court of Appeals · 1898
- Clark v. . WestNew York Court of Appeals · 1908
- Matter of CorwinNew York Court of Appeals · 1892
- Daggett v. GrayCalifornia Supreme Court · 1895
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
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