In re Kerr
New York Supreme Court
PPEALS from orders made at special term, appointing commissioners under the act of April 17, 1860, authorizing the construction of a rail road in Seventh avenue and in certain other streets and avenues in the city of New York, (Laws of 1860, p. 1042.)
1Opinion of the Court
By the Court,
Sutherland, J.
The petitioners are the grantees, or assignees of grantees, named in the act of April 17th, 1860, (ch. 513,) and by that act are authorized to construct and operate a rail road in certain streets in the city of New York. There is a provision in the act, giving the grantees named in the act, or their assigns, if they “deem it necessary or proper, to run upon, intersect or use any portion of other rail road tracks” laid upon any of the streets in which their road is to be constructed and operated, the right to do so. The act further provides, that in case the…
2Cases cited4 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- The West River Bridge Company v. DIXSupreme Court of the United States · 1848
- Backus v. LebanonSuperior Court of New Hampshire · 1840
- Beam v. BarnumSupreme Court of Connecticut · 1851
3Cited by8 opinions
- East Saginaw Manufacturing Co. v. City of East SaginawMichigan Supreme Court · 1869
- New York Central & Hudson River Railroad v. Metropolitan Gas-Light Co.New York Court of Appeals · 1875
- Moran v. RossCalifornia Supreme Court · 1889
- Grand Rapids, Newaygo & Lake Shore Railroad v. Grand Rapids & Indiana RailroadMichigan Supreme Court · 1877
- In Re N.Y.C. H.R.R.R. Co. v. . M.G.L. Co.New York Court of Appeals · 1875
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