In re Long Island Railroad
New York Supreme Court
PPEAL by Charles A. Van Sise from an order at special term affirming the report of commissioners of appraisal in the matter of the proceedings of the Long Island Railroad Company to acquire title to the real estate of said appellant, and also from the report of said commissioners. ■ The proceedings were instituted under the general railroad law.
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PPEAL by Charles A. Van Sise from an order at special term affirming the report of commissioners of appraisal in the matter of the proceedings of the Long Island Railroad Company to acquire title to the real estate of said appellant, and also from the report of said commissioners. ■ The proceedings were instituted under the general railroad law. The evidence taken before the commissioners showed that while the land in question was in possession of the appellant’s grantor the railroad company laid its track over it. The appellant offered to show that the company took possession of such land…
1Opinion of the CourtTappen, J.
The railroad company being in occupation of a strip of land with their track thereon, took proceedings under the general railroad act to acquire title.
It appears that when the track was laid, the farm, embracing this strip of land, belonged to one Stewart, and that he conveyed to Van Sise, who was the owner when such proceedings were taken. Van Sise sought compensation not only for the land, but for the (improvement put thereon; he offered to prove that the entry on the land was without the owner’s consent, and also to prove the value of the rails, ties, etc., on the strip in question. The…
2Cases cited1 opinion
- Graham v. Connersville & New Castle Junction RailroadIndiana Supreme Court · 1871
3Cited by2 opinions
- Village of St. Johnsville v. . SmithNew York Court of Appeals · 1906
- In re City of New YorkNew York Supreme Court · 1936