Pape v. New York & Harlem Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Hew York and Harlem Railroad Company and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of’the clerk of the •county of Hew York on the 7th day of May, 1901, upon the decision of the court rendered after a trial at the Hew York Special Term. The facts of this case will be found in the concurring opinion of Ingbaham, J.
1ConcurrenceIngraham, J.
I concur with Mr. Justice O’Brien’s opinion in this case, and with Mr. Justice Hatch’s opinion in Dolan v. New York & Harlem R. R. Co. (74 App. Div. 434), wishing, however, to call attention to-the effect of the acquisition of the fee of Fourth avenue by the city of New York under the right of eminent domain. Fourth avenue-*185was originally laid out by the commissioners appointed under chapter 115 of the Laws of 1807. The Hew York and Harlem Railroad Company was incorporated by chapter 263 of the Laws of 1831, and was authorized to construct a railroad from any point on the north boundary of…
2Cases cited7 opinions
- People v. . O'BrienNew York Court of Appeals · 1888
- Forster v. . ScottNew York Court of Appeals · 1893
- Morgan v. . KingNew York Court of Appeals · 1866
- People v. . KingNew York Court of Appeals · 1888
- Fries v. . New York Harlem R.R. Co.New York Court of Appeals · 1901
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