In re City of Utica
New York Supreme Court
Appeal from special term, Oneida, county. Application by the city of Utica for the appointment of commissioners in proceedings to condemn land of the people of New York for street purposes. From an order appointing commissioners to appraise the land the people appeal.
1Opinion of the CourtMartin, J.
The order from which this appeal was taken was made in a proceeding instituted under the charter of the city of Utica, to open a street through the farm or grounds of the Utica State Hospital, without the consent of the state or the managers of that institution. The Utica State Hospital and the State Lunatic Asylum at Utica are one and the same institution, the former name having been substituted for the latter. That this institution is a public one, and has been maintained as such by the state for more than a half century, is not only a matter of common knowledge, but may be seen by an…
2Cases cited14 opinions
- United States v. HerronSupreme Court of the United States · 1874
- United States v. HoarU.S. Circuit Court for the District of Massachusetts · 1821
- Matter of City of BuffaloNew York Court of Appeals · 1877
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Inhabitants of Stoughton v. BakerMassachusetts Supreme Judicial Court · 1808
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3Cited by6 opinions
- Memphis State Line Railroad v. Forest Hill Cemetery Co.Tennessee Supreme Court · 1906
- Minnesota Power & Light Co. v. StateSupreme Court of Minnesota · 1929
- Day v. SalemOregon Supreme Court · 1913
- Commissioners of the State Insurance Fund v. DinowitzNew York Supreme Court · 1942
- In re City of RochesterAppellate Division of the Supreme Court of the State of New York · 1905
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