Wood v. . the Auburn and Rochester R.R. Co.
New York Court of Appeals
By the act for the incorporation of the Auburn and Rochester Rail Road company, passed May 13, 1836, the company was authorized to select a route for its road, and in case of an inability to purchase the right of way of any proprietor of the lands, required to apply by petition to the first or senior judge of the county, who, upon being shown that certain conditions had been complied, with, was authorized to draw from the grand jury box a jury of appraisers to make an…
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By the act for the incorporation of the Auburn and Rochester Rail Road company, passed May 13, 1836, the company was authorized to select a route for its road, and in case of an inability to purchase the right of way of any proprietor of the lands, required to apply by petition to the first or senior judge of the county, who, upon being shown that certain conditions had been complied, with, was authorized to draw from the grand jury box a jury of appraisers to make an appraisement of the damages the proprietor would sustain by the appropriation of the lands for the road. The act also provided…
1Opinion of the CourtJohnson, J.
Having come to the conclusion that the award in this case was binding upon the company, I do not think it necessary to consider the authority of the company to procure the subsequent appraisement of damages under the statute, or any of the questions relating to that proceeding. The valid award of course renders them inoperative. I can not find either in ch. 349 of the Laws of 1836, or ch. 290 of 1838, any warrant for holding that the rail road company could not by purchase acquire the title to real estate for their road, until all the provisions of §4 of the first mentioned act, as to…
2Cited by12 opinions
- Henderson v. . N.Y.C.R.R. Co.New York Court of Appeals · 1879
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- Perkins v. . GilesNew York Court of Appeals · 1872
- In re the Arbitration between Paloma Frocks, Inc. & Shamokin Sportswear Corp.New York Court of Appeals · 1958
- Lamb v. HirschbergNew York Court of Common Pleas · 1892
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