New York Central & Hudson River Railroad v. Metropolitan Gas-Light Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order appointing commissioners in proceedings to acquire title to lands under the general .-railroad act, as amended in 1869. (Chap. 237, Laws of 1869.) (Reported below, 5 Hun, 201.) The purpose for which the land in question was required, as stated in the petition, was for the purposes of the petitioner’s incorporation, and for the purpose of running and operating its…
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order appointing commissioners in proceedings to acquire title to lands under the general .-railroad act, as amended in 1869. (Chap. 237, Laws of 1869.) (Reported below, 5 Hun, 201.) The purpose for which the land in question was required, as stated in the petition, was for the purposes of the petitioner’s incorporation, and for the purpose of running and operating its railroad, “for tracks, switches and sidings, whereby and whereon cars may be moved to the adjacent lands ” of the…
1Opinion of the CourtMiller, J.
The right of eminent domain which sanctions the taking of private property for public use, upon making compensation for the same to the owner thereof, is well settled, and the principal question to be determined in this case is, whether, within this principle, a public necessity is established by the' evidence, which authorizes the acquisition by the petitioner of the premises of the appellant. To make out a ease within the statute under which this proceeding is instituted (S. L. 1869, chap. 237, § 1), the land, the acquisition of which is sought, must be “for purposes of the incorporation,…
2Cases cited4 opinions
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
- White River Turnpike Co. v. Vermont Central Rail RoadSupreme Court of Vermont · 1849
- In re KerrNew York Supreme Court · 1864
3Cited by19 opinions
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- O'Hare v. Chicago, Madison & Northern RailroadIllinois Supreme Court · 1891
- Bigelow v. DraperNorth Dakota Supreme Court · 1896
- Kansas & Texas Coal Railway v. Northwestern Coal & Mining Co.Supreme Court of Missouri · 1901
- In re the proceedings by the St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1885
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