In re New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term which denied a motion, on behalf of the Hew York Central and Hudson River Railroad Company, for a writ of possession or assistance, or other relief, and also giving other relief as hereinafter stated.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term which denied a motion, on behalf of the Hew York Central and Hudson River Railroad Company, for a writ of possession or assistance, or other relief, and also giving other relief as hereinafter stated. (Reported below, 2 Hun, 482; 5 N. Y. S. C. [T. & G], 84.) These were proceedings instituted under the general railroad act (chap. 140, Laws of 1850), to acquire title to lands situate in Cayuga county. The owner appeared and contested the confirmation of the report of…
1Opinion of the CourtRapallo, J.
It is not necessary to determine whether or not, at the time of the decision in The Niagara Falls and Lake Ontario Railroad Co. v. Hotchkiss (16 Barb., 270), the court had power to make an order or issue process to put a railroad company in possession of lands acquired by proceedings under the general railroad act of 1850, because we are of opinion that section 5 of the act of 1854, amending the' general railroad law (Laws of 1854, chap. 282) clearly confers that power. That section provides that when the mode or manner of conducting the proceedings consequent upon the appraisal are not…
2Cases cited1 opinion
- Niagara Falls & Lake Ontario Railroad v. HotchkissNew York Supreme Court · 1853
3Cited by3 opinions
- Townsend v. . StearnsNew York Court of Appeals · 1865
- Bassick Mining Co. v. SchoolfieldSupreme Court of Colorado · 1887
- Muchmore v. BuddSupreme Court of New Jersey · 1891