In re the Prospect Park & Coney Island Railroad
New York Court of Appeals
Appeal from orders of the General Term of the Supreme Court in the second judicial department affirming orders of Special Term, appointing commissioners of appraisal in proceedings under the general railroad act to acquire title to lands. (Reported below, 8 Hun, 30.) Application was made against twenty-two owners of different parcels of land. One petition was presented, entitled as above, and one answer was put in for all the owners on trial of the issues.
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Appeal from orders of the General Term of the Supreme Court in the second judicial department affirming orders of Special Term, appointing commissioners of appraisal in proceedings under the general railroad act to acquire title to lands. (Reported below, 8 Hun, 30.) Application was made against twenty-two owners of different parcels of land. One petition was presented, entitled as above, and one answer was put in for all the owners on trial of the issues. It was stipulated that the evidence taken in one case should be considered as taken in all. Separate orders were entered in case of each…
1Opinion of the CourtPolger, J.
It may be conceded, for the purposes of this case, that the corporation has, as yet, acquired no right in the lands of the appellants. This proceeding, taken by it, practically so concedes, for this occasion.^ The question then presented is, have the appellants shown such objections to the proceeding as will defeat it ?
That the petitioner has already constructed and is operating its road, is no legal reason why it cannot take proceedings to acquire a right to use the lands upon which its track is laid. It is plain that it was deemed certain by it, that by the act of 1873 (Laws of 1873, chap.…
2Cases cited1 opinion
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
3Cited by12 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Manning v. Atlantic & Yadkin Railway Co.Supreme Court of North Carolina · 1924
- In re the New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Bohmer v. . HaffenNew York Court of Appeals · 1900
- State v. WhitcombMontana Supreme Court · 1933
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