Legal Opinion

New York Municipal Railway Corp. v. Parkhill

New York Supreme Court

Decided December 15, 1913PublishedCited by 1 opinion

In the matter of the petition of New York Municipal Railway Corporation and another against Samuel J. Parkhill and others, to condemn land for railroad purposes. On preliminary objection to the petition. Objections sustained.

1Opinion of the CourtBenedict, J.

These are three proceedings for the condemnation of real property for railroad purposes. The petitioner seeks to acquire the fee of a 25-foot strip adjoining the present right of way of the New York and Sea Beach line, and also certain easements in an additional 10-foot strip, together with certain temporary easements in the adjoining land, all of which are described in the respective petitions as follows :

“Together with the right, privilege, and easement to enter upon, construct, and forever maintain upon the following described parcel of land a retaining wall, platforms, coverings,…

2Cases cited2 opinions

  1. Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
  2. Dexter & Northern Railroad v. FosterNew York Supreme Court · 1909

3Cited by1 opinion

  1. In re the City of RochesterNew York Supreme Court · 1917

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