American Transportation & Navigation Co. v. New York, Susquehanna & Western Railroad

The opinion of the court was delivered by

Beasley, Chief Justice.

The American Transportation and Navigation Company made an application to a justice of the Supreme Court for the appointment of commissioners to appraise the value of certain lands which it sought to condemn for its corporate uses. This petition being refused on the ground hereinafter mentioned, a motion was made in the Supreme Court for a mandamus ordering the justice to make the appointment as requested. The writ was not granted, and hence the removal of the proceeding to this court.

The ground on which the application for the…