Erie Railroad v. Steward
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary Anna Steward and others, from a final order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 8th day of April, 1901, confirming the report of commissioners appointed in condemnation proceedings, with notice of an intention to bring up for review a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the…
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Appeal by the defendants, Mary Anna Steward and others, from a final order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 8th day of April, 1901, confirming the report of commissioners appointed in condemnation proceedings, with notice of an intention to bring up for review a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Orange on the 4th day of December, 1900, upon the decision of the court rendered after a trial at thé Orange Special Term confirming the…
1Opinion of the Court
Jenks, J.:
The plaintiff seeks to take property in immitum, therefore, it must show legislative authority. (Matter of Niagara Falls & Whirlpool R. Co., 108 N. Y. 375; Rensselaer & Saratoga R. R. Co. v. Davis, 43 id. 137, 146.) The statute which is alleged to confer it is strictly and not liberally construed. (Matter of Poughkeepsie Bridge Co., 108 N. Y. 483; Matter of Water Comrs. of Amsterdam, 96 id. 351, 357.) In Matter of N. Y. & H. R. R. Co. v. Kip (46 N. Y. 546) it is said that such a statute must receive “ a reasonably strict and guarded construction, and the powers granted will extend…
2Cases cited12 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- People Ex Rel. Steward v. Board of Railroad CommissionersNew York Court of Appeals · 1899
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
- Brooklyn Central Rail Road v. Brooklyn City Rail RoadNew York Supreme Court · 1860
- Matter of Staten Island Rapid Transit Co.New York Court of Appeals · 1886
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Kinney v. Citizens Water & Light Co.Indiana Supreme Court · 1909
- Long Island Railroad v. JonesAppellate Division of the Supreme Court of the State of New York · 1912
- Simons Brick Co. v. City of Los AngelesCalifornia Supreme Court · 1920
- Queens Terminal Co. v. SchmuckAppellate Division of the Supreme Court of the State of New York · 1911
- In re the New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
4 more not listed; retrieve them via the Exa API.