In re the New York, West Shore & Buffalo Railway Co.
New York Court of Appeals
Appeal by Elizabeth Wright and other land-owners from order of the General Term of the Supreme Court, in the second judicial department, made May 17, 1883, which vacated an order of Special Term, confirming the report of commissioners appointed herein to appraise the compensation to be paid said land-owners for the lands sought to be condemned in these proceedings for the use and benefit of the ¡New York, West Shore and Buffalo Railway Company, which also vacated and set…
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Appeal by Elizabeth Wright and other land-owners from order of the General Term of the Supreme Court, in the second judicial department, made May 17, 1883, which vacated an order of Special Term, confirming the report of commissioners appointed herein to appraise the compensation to be paid said land-owners for the lands sought to be condemned in these proceedings for the use and benefit of the ¡New York, West Shore and Buffalo Railway Company, which also vacated and set aside the report of the commissioners and appointed new commissioners, and awarded costs to said company against the…
1Opinion of the CourtRapallo, J.
By the confirmation at Special Term of the
report of the commissioners, and the entry and recording of the order reciting the proceeding, and the payment of the compensation directed to be paid to the land-owners, the railroad company became entitled, under the statute, to take possession of and use the land for the purposes of its incorporation, and all persons who were parties to the proceeding were divested *291and barred of all right, estate and interest in the land during the corporate existence of the company.
But, notwithstanding the change of title thus effected, and the taking possession…
2Cases cited1 opinion
- Bergen v. . CarmanNew York Court of Appeals · 1879
3Cited by9 opinions
- Grand River Dam Authority v. JarvisCourt of Appeals for the Tenth Circuit · 1942
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Utah Copper Co. v. Stephen Hayes Estate, Inc.Utah Supreme Court · 1934
- City of Eufaula v. AhrensSupreme Court of Oklahoma · 1916
- Peoria, Bloomington & Champaign Traction Co. v. VanceIllinois Supreme Court · 1911
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