In re New York, Lackawanna & Western Railway
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made January 28,1885, which affirmed an order of Special Term appointing commissioners to appraise the value of certain lands of the Union Steamboat Company and others, is sought to be acquired by the petitioner under the General Railroad Act.
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Appeal from order of the General Term of the Supreme Court, in the fifth judicial department, made January 28,1885, which affirmed an order of Special Term appointing commissioners to appraise the value of certain lands of the Union Steamboat Company and others, is sought to be acquired by the petitioner under the General Railroad Act. (Reported below, 35 Hun, 220.) The petition upon which the proceedings were based, stated that the lands were required by the petitioner for the purpose “ of erecting or maintaining warehouses for the reception of freight and merchandise, to be transported by…
1Opinion of the CourtFinch, J.
Among the numerous questions raised by the appellant, there are three which force themselves upon our attention. The proceeding is by the Hew York, Lackawanna and W estern Railroad Company to condemn the lands of the Union Steamboat Company, and so results in a collision of corporations.
1. It is claimed, on behalf of the resisting land-owner, that the railroad company has not legally established its corporate existence. In its petition, by which the proceeding was initiated, and which was verified, a due incorporation of the company was affirmatively alleged. In a special proceeding the…
2Cases cited7 opinions
- Woodruff v. . Erie Railway CompanyNew York Court of Appeals · 1883
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
- Rensselaer Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1873
- Kip v. . New York and Harlem R.R. Co.New York Court of Appeals · 1876
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3Cited by13 opinions
- Vermont Hydro-Electric Corp. v. DunnSupreme Court of Vermont · 1921
- Patterson Orchard Co. v. Southwest Arkansas Utilities Corp.Supreme Court of Arkansas · 1929
- State ex rel. Trimble v. Superior CourtWashington Supreme Court · 1903
- Matter of Staten Island Rapid Transit Co.New York Court of Appeals · 1886
- Detroit & Toledo Shore Line Railroad v. CampbellMichigan Supreme Court · 1905
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