In the Matter, Etc., of Kings Co. Elev. Ry. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, denying an application to confirm the report of commissioners appointed pursuant to chapter 606, Laws of 1875, to determine whether a steam railway should be constructed through certain streets in the city of Brooklyn. (Reported below, 20 Hun, 217.) The commissioners reported that the road ought to be constructed and operated-through the streets specified in their report.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, denying an application to confirm the report of commissioners appointed pursuant to chapter 606, Laws of 1875, to determine whether a steam railway should be constructed through certain streets in the city of Brooklyn. (Reported below, 20 Hun, 217.) The commissioners reported that the road ought to be constructed and operated-through the streets specified in their report. Neither the Constitution nor the statute vests in the court the right to make or even to participate in the necessary…
1Opinion of the Court
Folger, Ch. J.
The order appealed from is silent as to the ground upon which it was made, whether of law or fact. In such case, we are bound to suppose that the General Term examined the case before it upon the matters of fact involved, as well as upon the questions of law presented, and based the order made upon conclusions drawn from the former, as- well as the latter. If it were not so, the party feeling aggrieved should have seen to it that it was expressed in the order that' it was grounded upon conclusions of law only. In the case in hand the use of this rule will not harm the…
2Cases cited8 opinions
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- The People v. . StilwellNew York Court of Appeals · 1859
- Matter of N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Matter of Union E.R.R. Co. of BrooklynNew York Court of Appeals · 1889
- In re Appointment of Park CommissionersSuperior Court of Buffalo · 1888
- Matter of Petition of N.Y. H.R.R. Co.New York Court of Appeals · 1885
- In re the Judicial Settlement of the Account of ArmbrusterNew York Surrogate's Court · 1923
11 more not listed; retrieve them via the Exa API.