In re Proceedings by the Boston, Hoosac Tunnel & Western Railway Co.
New York Court of Appeals
Appeal from order of the General Term, of the Supreme Court, in the third judicial department, affirming an order of Special Term, appointing commissioners to fix the points, and manner, in which the Hoosac Tunnel and Western Railway Company should cross the road of the Troy and Boston Railroad Company, and the compensation therefor.
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Appeal from order of the General Term, of the Supreme Court, in the third judicial department, affirming an order of Special Term, appointing commissioners to fix the points, and manner, in which the Hoosac Tunnel and Western Railway Company should cross the road of the Troy and Boston Railroad Company, and the compensation therefor. The petition alleged the filing of the proper maps showing the proposed crossings, and the service of notice of location of the proposed road on the Troy and Boston Company, and the lapse of fifteen days before the filing of the petition. The proposed route of…
1Opinion of the CourtRapallo, J.
This appeal is taken from an ¡order of the General Term, affirming an order of the Special Term, appointing commissioners to determine the points and manner of crossing the appellant's railroad, by the petitioner. The appellant objects that the petition is not properly verified, and that there is no proof of the inability of the two companies to agree upon the points and manner of crossing, and the compensation to be made therefor. The verification is made by T. Haskins DePuy, who states that he is consulting engineer of the petitioning company. It does not appear whether or not he is an…
2Cases cited1 opinion
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
3Cited by7 opinions
- Sabine & East Texas Railway Co. v. Gulp & Interstate Railway Co.Texas Supreme Court · 1898
- In re City of UticaNew York Supreme Court · 1893
- In re the Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887
- Jennings v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1905
- In re New York, Lake Erie & Western RailroadNew York Court of Appeals · 1888
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