In Re New York, Westchester & Boston Railway Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 2, 1908, which affirmed an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings. The facts, so far as material, are stated in the opinion. The plaintiff is affected by the prohibition of chapter 10, Laws of 1860, against building railroads in the city of New York.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 2, 1908, which affirmed an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings. The facts, so far as material, are stated in the opinion. The plaintiff is affected by the prohibition of chapter 10, Laws of 1860, against building railroads in the city of New York. (H. R. T. Co. v. W. T. & R. Co., 135 N. Y. 395; N. Y. C. Co. v. Mayor, etc., 104 N. Y. 1.) A reasonable construction of chapter 627, Laws of 1903, leaves the exercise of…
1Opinion of the CourtHaight, J.
The respondent, the New York, Westchester and Boston Railway Company, petitioned the Supreme Court for the appointment of commissioners to determine the value of the real property of the defendants which it sought to condemn- for the purpose of its incorporation. An answer was interposed by the appellants, raising an issue as to the respondent’s right to condemn the lands in question, and thereupon an order was entered appointing a referee to hear and determine the same, and upon the return and confirma, tion of his report, commissioners of appraisal were appointed who have determined the…
2Cited by7 opinions
- People v. MorseNew York Court of Appeals · 1984
- People Ex Rel. New York Edison Co. v. WillcoxNew York Court of Appeals · 1912
- City of Rochester v. Union Free School District Number Four of Town of Livonia, Livingston CountyAppellate Division of the Supreme Court of the State of New York · 1938
- Continental Securities Co. v. Interborough Rapid Transit Co.Court of Appeals for the Second Circuit · 1915
- In re the Accounting of Bank of New York & Fifth Avenue BankNew York Surrogate's Court · 1950
2 more not listed; retrieve them via the Exa API.