People v. Adirondack Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Albany county. Action by the people of the state of New York against the Adirondack Railway Company and others. The action is one to enjoin the defendant from taking, by condemnation proceedings, any part of the lands described in the complaint, for the purpose of its railway, on the ground that it is within the bounds of the “Forest Preserve” and of the “Adirondack Park.”
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Appeal from special term, Albany county. Action by the people of the state of New York against the Adirondack Railway Company and others. The action is one to enjoin the defendant from taking, by condemnation proceedings, any part of the lands described in the complaint, for the purpose of its railway, on the ground that it is within the bounds of the “Forest Preserve” and of the “Adirondack Park.” Upon the trial at special term, a judgment was rendered in favor of the plaintiff for th'e injunction so asked (54 N. Y. Supp. 682), and from such judgment this appeal is taken.
1Opinion of the CourtParker, P. J.
The defendant had acquired from the state a franchise to build and operate its road through the counties and region which the state subsequently, by Act 1895, c. 395, § 290, provided might be acquired for the purposes of the “Adirondack Park.”’ Under the franchise so acquired, the defendant was proceeding to? extend its road through such counties, and to that end, on the 18tk day of September, 1897, filed in the several counties in question a map and profile of its proposed route, and at once gave the requisite notice to the owners of the lands through which it passed. Suck proposed route has…
2Cases cited4 opinions
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
- Suburban Rapid Transit Co. v. Mayor of New YorkNew York Court of Appeals · 1891
- Adirondack Railway Co. v. Indian River Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Adirondack Railway Co. v. Indian River Co.Appellate Division of the Supreme Court of the State of New York · 1898