In re Prospect Park & Coney Island Railroad
New York Court of Appeals
These were appeals by land-owners from orders of the General Term of the Supreme Court, in the first judicial department, made February 15, 1881, which affirmed certain Special Term orders, the substance of which with the material facts are set forth in the opinion. (Reported below, as to one of the appeals, 21 Hun, 199.) The order affirming order denying motion to set aside report is appealable under section 90, subdivision 3, of the Code.
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These were appeals by land-owners from orders of the General Term of the Supreme Court, in the first judicial department, made February 15, 1881, which affirmed certain Special Term orders, the substance of which with the material facts are set forth in the opinion. (Reported below, as to one of the appeals, 21 Hun, 199.) The order affirming order denying motion to set aside report is appealable under section 90, subdivision 3, of the Code. (Code, tit. 5, chap. 12, §§ 1356, 1357, 1358.) The order appealed from is a final order within the meaning of the Code. (Matter of R. & S. R. R. Co., 43…
1Opinion of the CourtEarl, J.
This is a proceeding under the General Railroad Act (Chap. 140 of the Laws of 1850, as amended by the act chap. 282 of the Laws of 1854), to acquire title to land in Gravesend avenue, on Long Island, for the purposes of the Prospect Park and Coney Island Railroad Company. Commissioners of appraisal were appointed, and after hearing the parties they made their report, awarding to the owners each $1 as compensation for the lands taken. That report was confirmed at Special Term; but, upon appeal to the General Term of the Supreme Court, the order of confirmation was reversed and the report was…
2Cases cited4 opinions
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
- In Re the President, Managers & Company of the Delaware & Hudson Canal Co.New York Court of Appeals · 1877
3Cited by6 opinions
- Manhattan Railway v. O'SullivanAppellate Division of the Supreme Court of the State of New York · 1896
- Matter of Board of Public WorksNew York Court of Appeals · 1895
- In re New York, Lackawanna & Western Railway Co.New York Supreme Court · 1885
- In re Southern Boulevard RailroadNew York Court of Appeals · 1894
- People Ex Rel. Feeny v. . Bd. of CanvassersNew York Court of Appeals · 1898
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