Legal Opinion

In re the appraisal of the compensation to be made by the Utica, Chenango & Susquehanna Valley Railroad

New York Supreme Court

Decided April 7, 1868PublishedCited by 17 opinions

APPEAL from an appraisal of commissioners pursuant to section 16 of chapter 140 of the laws of 1850, as amended by section 3 of chapter 282 of the laws of 1854, and by section 4, of chapter 582 of the laws of 1864, for lands in the city of Utica, described in the petition in this matter, proposed to be taken for the construction of the railroad of the above named company, from the city of Utica to the village of Waterville.

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APPEAL from an appraisal of commissioners pursuant to section 16 of chapter 140 of the laws of 1850, as amended by section 3 of chapter 282 of the laws of 1854, and by section 4, of chapter 582 of the laws of 1864, for lands in the city of Utica, described in the petition in this matter, proposed to be taken for the construction of the railroad of the above named company, from the city of Utica to the village of Waterville. On the hearing before the commissioners, Joseph Mening appeared in person, Erederick Keith and Walburga Keith appeared by their attorney, J. Thomas Spriggs, and the…

1Opinion of the Court

By the Court,

Eoster, J.

The land taken was for the roadway of the respondents’ railroad,' and was in the form *458of an acute triangle, taken out of the northwesterly corner of the city lot of the appellant, and included the ground on which stood an old stable and'shed, in which Frederick Eeith, who was a baker, kept his horse and baker’s wagon, and fronted on a lane or alley, a portion of which was also takén by the respondents, and so as to make it more difficult for the appellant to reach that end of her lot. On the lot from which this piece was taken, was a dwelling-house and a baker’s oven,…

2Cases cited4 opinions

  1. Troy & Boston Railroad v. LeeNew York Supreme Court · 1852
  2. Rood v. New-York & Erie RailroadNew York Supreme Court · 1854
  3. Canandaigua & Niagara Falls Railroad v. PayneNew York Supreme Court · 1853
  4. Albany Northern Railroad v. LansingNew York Supreme Court · 1852

3Cited by17 opinions

  1. South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
  2. Denver City Irrigation & Water Co. v. MiddaughSupreme Court of Colorado · 1889
  3. Newman v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1890
  4. American Bank Note Co. v. New York Elevated RailroadNew York Court of Appeals · 1892
  5. A.B.N. Co. v. . N.Y.E.R.R. Co.New York Court of Appeals · 1892

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