People v. Adirondack Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Adirondack Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 7th day of November, 1898, upon the decision of the court rendered after a trial at the Albany Special Term.
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Appeal by the defendant, the Adirondack Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 7th day of November, 1898, upon the decision of the court rendered after a trial at the Albany Special Term. 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…
1Opinion of the Court
Parker, 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 the act of 1895 (Chap. 395, amending Laws of 1892, chap. 488, § 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 18th 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…
2Cases cited2 opinions
- 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
3Cited by1 opinion
- Ramapo Mountains Water, Power & Service Co. v. Commissioners of the Palisades Interstate ParkAppellate Division of the Supreme Court of the State of New York · 1917