In re New York, Lackawanna & Western Railway Co.
New York Supreme Court
Appeal from an order made at the Erie Special Term upon an application of certain persons to be made parties to these proceedings. On the 14th day of July, 1881, the petitioner comménced proceedings under the general railroad law, to acquire title to certain lands of the city of Buffalo by the service of its petition and notice on the mayor of the city.
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Appeal from an order made at the Erie Special Term upon an application of certain persons to be made parties to these proceedings. On the 14th day of July, 1881, the petitioner comménced proceedings under the general railroad law, to acquire title to certain lands of the city of Buffalo by the service of its petition and notice on the mayor of the city. The lands had originally been taken by the city for the purpose of constructing a water-channel, but that project had been long abandoned; and the land thus taken had never been dedicated to any public use. Upon the 2d day of August, 1881, the…
1Opinion of the Court
Hardin, J.:
Section 20 of tlie General Railroad 'Laws (2 R. S. [6th ed.], 527, § 22 [§ 20]) confers upon the court power at any time to “ amend any defect or informality in any of the special proceedings authorized by this act as may be necessary, or to cause new parties to be added and to direct such further notices to be given to any pcvrty in interest as it deems proper.”
Under this section there was ample power in the court to allow the appellants to be made parties to the proceeding. Confessedly, the lands described in the petition belonged to the city of Buffalo after the consummation of…
2Cases cited2 opinions
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
- Matter of Ninth Ave. and Fifteenth St.New York Court of Appeals · 1871