Rochester, Hornellsville & Lackawanna Railroad v. Hartshorn
New York Supreme Court
Appeal from special term, Monroe county. Application of the Rochester, Hornellsville & Lackawanna Railroad Company to acquire title to land, against Charles H, Hartshorn and others. Motion to set aside award of commissioners appointed to determine the compensation to be paid, denied, and defendants appeal. The general railroad act N". Y. art. 1, § 4, provides that no subscriber shall be received until he has paid1 10 per cent, in money on the amount subscribed.
1Opinion of the CourtBarker, P. J.
The important question presented on this appeal arises on-an exception taken by the land-owners to an item of evidencereeeived on the-hearing relative to damages. The owner of the fee of the lands is Charles H. Hartshorn, who is the son of the late Charles Hartshorn, who died intestate, and the owner of the premises in question, before the commencement of these-proceedings. The quantity of land described in the petition is 15J acres, and. the award of damages the sum of $3,190. The evidence covered by the exception is an instrument in -writing, of which the following is a copy: “How,,…
2Cases cited3 opinions
- Buffalo Jamestown Railroad Co. v. . GiffordNew York Court of Appeals · 1882
- Troy & Boston Railroad v. TibbitsNew York Supreme Court · 1854
- The Poughkeepsie and Salt Point Plankroad Co. v. . GriffinNew York Court of Appeals · 1861
3Cited by2 opinions
- Village of Port Henry v. KidderAppellate Division of the Supreme Court of the State of New York · 1899
- Rochester, Hornellsville & Lackawanna Railroad v. HartshornNew York Supreme Court · 1889