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 8, 1894, which affirmed an order of Special Term denying a motion to vacate an award made by commissioners.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made May 8, 1894, which affirmed an order of Special Term denying a motion to vacate an award made by commissioners. This proceeding was instituted by the Southern Boulevard Railroad Company under the General Railroad Act of 1850 (Chap. 140), as amended, to acquire the right to construct, maintain and operate a double-track street surface railroad upon land which formerly belonged to Paul Spofford, deceased. The facts, so far as material, are stated in the opinion. Appellant’s practice in this…
1Opinion of the CourtEarl, J.
The Southern boulevard was laid out in the towns of Morrisania and West Farms, Westchester county, under the act, chapter 290 of the Laws of 1867. It passed through the land of Paul Spofford, and his land was taken for its construction, and a substantial award was made therefor under that act, the 24th section of which was as follows: <c Said road when constructed shall he kept and maintained for the public use as an avenue and boulevard; and except for the purposes of crossing the same, no railway or tramway shall be laid or constructed thereon, or upon any part thereof by any persons or…
2Cases cited2 opinions
- Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
- In re Southern Boulevard RailroadNew York Supreme Court · 1890
3Cited by2 opinions
- Matter of the S.B.R.R. Co.New York Court of Appeals · 1895
- In re the Southern Boulevard RailroadNew York Court of Appeals · 1895