People v. Adirondack Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Adirondack Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 7th day of November, 1898, upon the decision of the court rendered after a trial at the Albany Special Term.
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Appeal by the defendant, the Adirondack Railway Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 7th day of November, 1898, upon the decision of the court rendered after a trial at the Albany Special Term. The action is one to enjoin the defendant from taking, by condemnation proceedings, any part of the lands described in the complaint, for the purpose of its railway, on the ground that it is within the bounds of the “ Forest Preserve ” and of the “Adirondack Park.” Upon the trial at Special Term a…
1Dissent
Herrick, J. (dissenting):
I cannot agree to the conclusion arrived at by the court in this case, nor in the reasons thereof contained in the opinion of the presiding justice, and the principles involved are so important that I feel constrained to express my views at some length.
In order to a complete understanding of the case, it seems to me that a somewhat fuller statement of facts is desirable than that contained in the prevailing opinion.
Section 7 of article 7 of the Constitution provides as follows: “ The lands of the State, now owned or hereafter acquired, constituting the forest…
2Cases cited20 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
- People v. . O'BrienNew York Court of Appeals · 1888
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Forster v. . ScottNew York Court of Appeals · 1893
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