Legal Opinion

Matter of State of New York

New York Court of Appeals

Decided March 18, 1913PublishedCited by 17 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judical department, entered October 10,' 1912, which modified, and affirmed as modified, an order of Special Term confirming the report of commissioners in condemnation proceedings to acquire a toll bridge. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judical department, entered October 10,' 1912, which modified, and affirmed as modified, an order of Special Term confirming the report of commissioners in condemnation proceedings to acquire a toll bridge. The facts, so far as material, are stated in the opinion. The order of confirmation herein appealed from was prematurely granted; it was error for the court to grant such order before the supervisors of St. Lawrence county had approved the purchase of the bridge in accordance with the provisions of section 265…

1Opinion of the Court

Cullen, Ch. J.

Under section 263 of the Highway Law (Consol. Laws, ch. 25) on the petition of a majority in number and in amount of assessed valuation of the owners of property in the towns of Morristown and Macomb, the board of supervisors of St. Lawrence county passed a resolution that public interest demanded the abolition of the toll bridge of the respondent, the Black Lake Bridge Company. Thereupon, under section 265 of the act, the attorney-general, in the name of the people of the state, instituted proceedings to appraise the value of the bridge and acquire title thereto, in accordance…

2Cases cited1 opinion

  1. In Re the Estate of ThurberNew York Court of Appeals · 1900

3Cited by17 opinions

  1. Munro v. . State of New YorkNew York Court of Appeals · 1918
  2. Barton Trucking Corp. v. O'ConnellNew York Court of Appeals · 1959
  3. County of Erie v. . FridenbergNew York Court of Appeals · 1917
  4. Matter of Dr. Bloom Dentist, Inc. v. CruiseNew York Court of Appeals · 1932
  5. Ehrenberg v. PersonsAppellate Division of the Supreme Court of the State of New York · 1959

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