Legal Opinion

Stillwater & Mechanicville Street Railway Co. v. Slade

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1899PublishedCited by 4 opinions

Appeal by the defendant, Benjamin J. Slade, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office. of the clerk of the county of Saratoga on the 26th day of April, 1898, upon the report of a referee appointed in condemnation proceedings, with notice of an intention to bring up for review upon ■such appeal an order made at the Montgomery Special Term bearing date the 23d day of April, 1898, and entered in the office of the clerk of the county…

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Appeal by the defendant, Benjamin J. Slade, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office. of the clerk of the county of Saratoga on the 26th day of April, 1898, upon the report of a referee appointed in condemnation proceedings, with notice of an intention to bring up for review upon ■such appeal an order made at the Montgomery Special Term bearing date the 23d day of April, 1898, and entered in the office of the clerk of the county of Saratoga confirming said report; and also an order made at the Montgomery Special Term, bearing, date the 26th day of…

1Opinion of the Court

Landon, J.:

This appeal is from the judgment entered upon the confirmation of the report of a referee upon a trial of the issues in a proceeding for the condemnation .of a strip of land, title to which the plaintiff seeks to acquire for the extension of its line of railroad.

The plaintiff is a domestic street surface railroad corporation, owning and operating under its charter a street surface railroad in the county of Saratoga, from the village of Stillwater to the village of Mechanicville; and, proposing to extend the same from the village of Mechanicville to the village of Waterford in the…

2Cases cited3 opinions

  1. In Re New York Central Railroad to Acquire Lands of ArmstrongNew York Court of Appeals · 1876
  2. New York & Boston Railroad v. GodwinNew York Supreme Court · 1871
  3. Salisbury v. SladeAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by4 opinions

  1. Schenectady Railway Co. v. LyonNew York Supreme Court · 1903
  2. United States v. Certain Lands Located in Highlands, Woodbury & CornwallDistrict Court, S.D. New York · 1947
  3. Pauchogue Land Corp. v. Long Island State Park CommissionAppellate Division of the Supreme Court of the State of New York · 1926
  4. Marcellus Electric Railroad v. CrislerNew York Supreme Court · 1900

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