Philadelphia, Reading & New England Railroad v. Bowman
Appellate Division of the Supreme Court of the State of New York
. Appeal "by the plaintiff, The Philadelphia, Reading and New England Railroad Company, from 'an order of the Supreme Court,. made at the Dutchess County Special Term and entered in the office of the clerk of the county of Dutchess on the 17th day of May, 1897, confirming the award of commissioners of appraisal.
1Opinion of the Court
Cullen, J.:
The premises, the subject of condemnation in this proceeding, ' are the right of way occupied by appellant’s railroad across the farm of one William H. Tanner. The predecessor of the appellant, also a railroad corporation, entered into possession of the premises under a deed from said Tanner and constructed its railroad thereon. At the time of the conveyance by Tanner, his farm was subject to a mortgage. No release of this mortgage was obtained or any proceedings instituted, to condemn the right of the mortgagee. In 1895 an action was brought to foreclose this mortgage, to which…
2Cases cited5 opinions
- Daniels v. C., I & N. R.Supreme Court of Iowa · 1875
- California Pacific R.R. v. ArmstrongCalifornia Supreme Court · 1873
- Kennedy v. Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1868
- Dows v. . CongdonNew York Court of Appeals · 1863
- Briggs v. Chicago, Kansas & Western RailroadSupreme Court of Kansas · 1896
3Cited by5 opinions
- Village of St. Johnsville v. . SmithNew York Court of Appeals · 1906
- New York, Ontario & Western Railway Co. v. LivingstonNew York Court of Appeals · 1924
- In re City of New YorkNew York Supreme Court · 1948
- Matter of Southfield Beach Railroad CompanyNew York Court of Appeals · 1911
- New York, Ontario & Western Railway Co. v. LivingstonNew York Supreme Court · 1922