In re the 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 January 11, 1889, which affirmed an order of Special Term vacating and setting aside a former order appointing commissioners of appraisal herein and all proceedings thereunder, and dismissing the petition. The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made January 11, 1889, which affirmed an order of Special Term vacating and setting aside a former order appointing commissioners of appraisal herein and all proceedings thereunder, and dismissing the petition. The material facts are stated in the opinion. The statute confers on the Supreme Court full jurisdiction of the subject-matter of the application of the petitioner in this proceeding. (Laws of 1850, chap. 140, §§ 13, 14, 15 ; Hunt w Hunt, 72 N. Y. 229.) The Supreme Court at Special Term had…
1Opinion of the CourtO’Brien, J.
This proceeding was instituted by the Niagara Falls and Whirpool Railway Company to acquire title, under the statute, to certain real estate of which Jane S. Townsend was the owner or personally interested therein.
The petition for this purpose was presented to the Special Term of the Supreme Court on the 20th of May, 1886, service thereof having heen made upon the owner of the land.
The application was resisted mainly upon the ground that the petitioning corporation was not incorporated for a public purpose, hut to carry on a private business or enterprise, and was, therefore, incapable of…
2Cases cited2 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Hamilton v. . TaylorNew York Court of Appeals · 1858
3Cited by4 opinions
- Matter of BurnsNew York Court of Appeals · 1898
- In re BurnsAppellate Division of the Supreme Court of the State of New York · 1897
- In re MayorAppellate Division of the Supreme Court of the State of New York · 1898
- In re City of New YorkNew York Supreme Court · 1935