In Re New York Central Railroad to Acquire Lands of Armstrong
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing an order of Special Term appointing commissioners of appraisal herein. The petition asked for the appointment of commissioners to appraise the compensation to be made to the several owners for a strip of land two rods wide along the south bounds of the company’s land, in the town of Mentz, Cayuga county.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department reversing an order of Special Term appointing commissioners of appraisal herein. The petition asked for the appointment of commissioners to appraise the compensation to be made to the several owners for a strip of land two rods wide along the south bounds of the company’s land, in the town of Mentz, Cayuga county. It alleged the location and construction and operatian of the petitioner’s road, and then contained this averment : “ That in addition to the land already owned by your, petitioner and…
1Opinion of the CourtSapallo, J.
In the case of Rensselaer and Saratoga Railroad Company v. Davis (43 N. Y., 137) this court decided that, by the general railroad law, the legislature had not delegated to railroad corporations the power of determining what lands were necessary to be appropriated to their use for the purposes of their incorporation, hut that, under that statute, it was for the court to determine, upon the application by a railroad company to acquire lands, the question of the necessity and extent of the appropriation, and that the land owner might contest this question. This necessity is, therefore, made a…
2Cases cited1 opinion
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
3Cited by24 opinions
- Seattle & Montana Railway Co. v. StateWashington Supreme Court · 1893
- Atlantic & Birmingham Railroad v. PennySupreme Court of Georgia · 1904
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
- Citizens' Savings Bank v. Town of GreenburghNew York Court of Appeals · 1903
- In re the proceedings by the St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1885
19 more not listed; retrieve them via the Exa API.