In Re Niagara Falls & Whirlpool Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 21,1887, which affirmed in part and reversed in part an order of Special Term made on application for the appointment of a commission to appraise the value of lands sought to be taken by the petitioner for the purposes of its road.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 21,1887, which affirmed in part and reversed in part an order of Special Term made on application for the appointment of a commission to appraise the value of lands sought to be taken by the petitioner for the purposes of its road. (Reported below, 46 Hun, 94.) The Special Term order determined that sufficient cause had been shown against granting the prayer of the petition in reference to *the parcel of land first described, and that no sufficient cause had been shown against granting…
1Opinion of the CourtAndrews, J.
There is a question in limine which it is necessary to decide in favor of the petitioner, before the other questions argued become material. This is the question, whether the purposes for which The Niagara Falls & Whirl pool Railway Company is organized, are public in such a sense as to justify the taking of lands in inmi/mn for the construction of its road, in the exercise of the power of eminent domain. The Niagara Falls & Whirlpool Railway Company is a corporation, organized in January, 1886, under the General Railroad Act of 1850. The articles of association declare that the company is…
2Cases cited4 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
- Buffalo and New-York Railroad v. . BrainardNew York Court of Appeals · 1853
3Cited by86 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Denihan Enterprises, Inc. v. O'DwyerNew York Court of Appeals · 1951
- Matter of Chapman v. . City of New YorkNew York Court of Appeals · 1901
- County of San Mateo v. CoburnCalifornia Supreme Court · 1900
- County of Herkimer v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1937
81 more not listed; retrieve them via the Exa API.