New York & Harlem Railroad v. Kip
New York Court of Appeals
Appeal by Elbert S. Kip, and wife, from an order of the General Term of the Supreme Court in the first department, affirming an order made at Special Term, appointing commissioners to appraise lands required by the applicant, the Hew York and Harlem Railroad Company, for the purposes of operating its railroad.
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Appeal by Elbert S. Kip, and wife, from an order of the General Term of the Supreme Court in the first department, affirming an order made at Special Term, appointing commissioners to appraise lands required by the applicant, the Hew York and Harlem Railroad Company, for the purposes of operating its railroad. The proceeding was initiated under the authority conferred by the amendment of the general railroad act in 1869, upon railroad corporations, to take the property of individuals for railroad purposes. The premises sought to be condemned by the proceedings, consisted of a plat of ground…
1Opinion of the CourtAllen, J.
That the land and premises, the title to which, the applicant seeks to acquire by these proceedings, are required for the purposes of the corporation is beyond dispute, as is also the fact that the corporation has been unable to agree for the purchase, by-reason of the unwillingness or inability of the owners, the present appellants, to treat for the sale of the same for railroad purposes.
*551The best, and highest evidence of the necessities of the applicant is, that since 1858, the company has been in the actual use and occupation of the land at a large annual rent, and at a large expenditure…
2Cases cited3 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Eldridge v. SmithSupreme Court of Vermont · 1861
3Cited by34 opinions
- City of Pasadena v. StimsonCalifornia Supreme Court · 1891
- Water Works Co. v. BurkhartIndiana Supreme Court · 1872
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Postal Tel. Cable Co. of Utah v. Oregon S. L. R.Utah Supreme Court · 1901
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