In Re N.Y.C. H.R.R.R. Co. v. . M.G.L. Co.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The right of eminent domain which sanctions the taking of private property for public use, upon making compensation for the same to the owner thereof, is well settled, and the principal question to be determined in this case is, whether, within this principle, a public necessity is established by the evidence, which authorizes the acquisition by the petitioner of the premises of the appellant. To make out a case within the statute under which this proceeding is…