Schenectady Railway Co. v. Lyon

The plaintiff, a street surface railroad corporation, by these proceedings is seeldng to acquire a right of way across the defendants’ lands in the city of Schenectady for the use of its tracks. The property sought to be acquired is private property and not in any way subjected to public use. The defendants Peck and Van Epps have appeared and consented to the appointment of commissioners, and the plaintiff may take an order as to them. The defendant Smith has objected solely on the ground that the statute does not give a street railroad corporation authority to condemn real property within a…