Matter of Thirty-Fourth Street R.R. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made July 17, 1885, which denied an application on the part of the petitioner above named, the nature of which, as well as the material facts, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made July 17, 1885, which denied an application on the part of the petitioner above named, the nature of which, as well as the material facts, are stated in the opinion. (Reported below, 37 Hun, 442.) The court erred in holding that it was empowered on the return day of the petition and before appointing the commissioners to take evidence and try the question whether the railroad’s consent could or could not be obtained. (In re Gilbert El. Ry. Co., 70 N. Y. 375; 77 id. 255, 256.) If the court of…
1Opinion of the CourtAndrews, J.
The order of the General Term, from which this appeal is taken, denied the application of the Thirty-fourth Street Railroad Company, a corporation organized under the Street Surface Railway Act, passed May 6, 1884, for the appointment of commissioners to determine whether the proposed road of the petitioner ought to be constructed. The petition upon which the application was made, avers the incorporation of the petitioner under the act of 1884 ; that its route extends from the ferry on Hudson river, at Forty-second street in the city of New York, to Tenth avenue, and thence to Thirty-fourth…
2Cases cited2 opinions
- Barto v. . HimrodNew York Court of Appeals · 1853
- In re the New York Elevated RailroadNew York Court of Appeals · 1877
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- People Ex Rel. City of New York v. . NixonNew York Court of Appeals · 1920
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Blanshard v. City of New YorkNew York Court of Appeals · 1933
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