Matter of Boston and Albany R.R. Co.
New York Court of Appeals
Appeal by the village of Greenbush from an order of General Term of the Supreme Court in the third judicial department, affirming an order of Special Term taking a parcel of land in said village, known as “ The Park,” for the use of the Boston and Albany Railroad Company. The trustees of said village were made parties to the proceedings.
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Appeal by the village of Greenbush from an order of General Term of the Supreme Court in the third judicial department, affirming an order of Special Term taking a parcel of land in said village, known as “ The Park,” for the use of the Boston and Albany Railroad Company. The trustees of said village were made parties to the proceedings. The taking was contested principally upon the ground that the land in question had already been appropriated and taken for public use, and hence could not be condemned under the railroad acts. It appeared upon the hearing that said lands had been given to the…
1Opinion of the CourtAllen, J.
The only fact material upon this appeal is that the lands, sought to be taken for the purposes of the railroad corporation, were donated to the village of Greenbush by the former proprietors as and for a public park, and dedicated to the use of the public as such. The evidence bearing upon the necessities of the corporation for more lands in the vicinity of these for its purposes, and the comparative fitness of those proposed to be taken and other lands near them, can hardly be considered by us. To a large extent the company must be left, under the delegation of power to it by the State, to…
2Cases cited4 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- New York & Harlem Railroad v. KipNew York Court of Appeals · 1871
- Armington v. Towns of BarnetSupreme Court of Vermont · 1843
- People v. LawNew York Supreme Court · 1860
3Cited by65 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Baltimore & Ohio & Chicago Railroad v. NorthIndiana Supreme Court · 1885
- In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
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