New York Central & Hudson River Railroad v. Marshall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Fielding L. Marshall and others, as executors etc., and others, from certain parts of an order of the Supreme Court, made at the Mew York Special Term and entered in the office of the clerk of the county of Mew York on the 12th day of March, 1908, as resettled by an order entered in said clerk’s office on the 23d day of March, 1908.
1Opinion of the Court
Scott, J.:
The defendants appeal from so much of an order as permits plaintiff to discontinue this proceeding and to recommence proceedings to condemn certain real property, consisting of a strip of land situate in the borough of the Bronx in the city of Mew York about eleven feet in width and about five hundred and twenty-three feet long. This strip of land lies along the easterly line of the roadbed of the railway now owned and operated by plaintiff. The defendants also own land to the west of the railway, and certain lands under water lying to the east of the strip sought to be condemned.…
2Cases cited2 opinions
- Matter of Rhinebeck Connecticut R.R. Co.New York Court of Appeals · 1876
- New York Central & Hudson River Railroad v. MarshallAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Municipal Housing Authority v. RuffiniAppellate Division of the Supreme Court of the State of New York · 1965