Matter of Staten Island Rapid Transit Co.
New York Court of Appeals
Appeal by the people of the State of New York from order of the General Term of the Supreme Court, in the second judicial department, made the second Monday of May, 1886, which affirmed an order of Special Term appointing commissioners of appraisal to condemn certain lands under water adjoining Staten Island.
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Appeal by the people of the State of New York from order of the General Term of the Supreme Court, in the second judicial department, made the second Monday of May, 1886, which affirmed an order of Special Term appointing commissioners of appraisal to condemn certain lands under water adjoining Staten Island. At the time named in the notice, which was served with the petition, no answer was served on behalf of the people, and the usual order appointing commissioners was made. Subsequently on motion, the default was opened, and leave to file an answer granted, “ so far as to permit the trial…
1Opinion of the Court
Ruger, Ch. J.
Many of the questions discussed in the learned brief of the appellant’s counsel do not seem to be* open for consideration here, as they were neither raised in the court below, nor authorized by the order under which they were permitted to defend. Aside from a request to dismiss the proceedings upon the ground of indefiniteness in the description of the land proposed to be taken, and which is not now raised by counsel, we find no objection in the record to the adjudication under consideration, except that of the alleged insufficiency of the evidence to show that the property…
2Cases cited4 opinions
- Lansing v. SmithCourt for the Trial of Impeachments and Correction of Errors · 1829
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Lansing v. SmithNew York Supreme Court · 1828
- In re New York, Lackawanna & Western RailwayNew York Court of Appeals · 1885
3Cited by25 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- King v. . BarnesNew York Court of Appeals · 1888
- Central Pacific Ry. Co. v. FeldmanCalifornia Supreme Court · 1907
- Illinois Central Railroad v. ChicagoSupreme Court of the United States · 1900
- Patterson Orchard Co. v. Southwest Arkansas Utilities Corp.Supreme Court of Arkansas · 1929
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