In re the Southern Boulevard Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 6, 1895, which affirmed an order of Special Term denying a motion by the Southern Boulevard Railroad Company for the appointment of commissioners of appraisal to ascertain under the provisions of chapter 723 of the Laws of 1887 the compensation to be made to owners of property taken or to be taken by the petitioner. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 6, 1895, which affirmed an order of Special Term denying a motion by the Southern Boulevard Railroad Company for the appointment of commissioners of appraisal to ascertain under the provisions of chapter 723 of the Laws of 1887 the compensation to be made to owners of property taken or to be taken by the petitioner. The facts, so far as material, are stated in the opinion. The failure of the court below to recognize chapter 723 of the Laws of 1887 as constitutional was fundamental error.…
1Opinion of the CourtGray, J.
The Southern Boulevard Railroad Company was organized under the act of 1884, (Chap. 252), as a street surface railroad company, to operate its franchises upon and along the surface of the Southern boulevard. It has instituted this proceeding to condemn the land of the defendant, by virtue of the provisions in the General Railroad Law and in the Code of Civil Procedure. The petition sets forth that the Southern boulevard was laid out as a public street in the city of New York under the provisions of chapter 290 of the Laws of 1867, entitled “ An act to authorize the towns of Morrisania and…
2Cases cited2 opinions
- In re Southern Boulevard RailroadNew York Supreme Court · 1890
- In re the Southern Boulevard RailroadNew York Court of Appeals · 1894