In re Proceedings by the Washington Street Asylum & Park Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February 12, 1889, which reversed an order of Special Term denying the prayer, of the petitioner for the appointment of commissioners and remitting proceedings to Special Term for further action.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made February 12, 1889, which reversed an order of Special Term denying the prayer, of the petitioner for the appointment of commissioners and remitting proceedings to Special Term for further action. This was an application, under subdivision 6 of section 28 of chapter 140 of the Laws of 1850, as amended by sections 1 and 2 of chapter 583 of the Laws of 1880, for the appointment of commissioners to ascertain and determine the point and manner of a crossing and the compensation to be paid therefor.…
1Opinion of the CourtPeckham, J.
Two grounds for denying the prayer of the petitioner for the appointment of a commission have been *445argued before us. It lias been urged (1) that the two original companies, whose valid consolidation is herein denied, were never themselves legally incorporated, and, (2), if they were so incorporated, yet even then they could not become consolidated into a new corporation, because there is no law under which such consolidation could be effected. '
We think neither ground is well taken. As to the first. Both corporations were organized under the general railroad act of 1850 and its amendments. It…
2Cases cited3 opinions
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- People Ex Rel. Third Ave. R.R. Co. v. . NewtonNew York Court of Appeals · 1889
- Easton v. . PickersgillNew York Court of Appeals · 1873
3Cited by13 opinions
- People v. MannNew York Court of Appeals · 1972
- Burrage v. County of BristolMassachusetts Supreme Judicial Court · 1911
- Holmes Electric Protective Co. v. . WilliamsNew York Court of Appeals · 1920
- De Grauw v. Long Island Electric Railway Co.Appellate Division of the Supreme Court of the State of New York · 1899
- People v. GoodrichNew York Supreme Court · 1914
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