Legal Opinion
Rensselaer Saratoga R.R. Co. v. . Davis
New York Court of Appeals
Decided November 25, 1873PublishedCited by 28 opinions
1Opinion of the Court
Proceedings taken under the general railroad act for the condemnation of lands for railroad uses are special proceedings within section 3 of the Code. (N.Y.C.R.R. Co. v. Marvin, 11N.Y., 277.) The allowance of costs in special proceedings, other than the special cases embraced within section 318 of the Code, is governed by chapter 270 of the Laws of 1854. By the third section it is enacted: "In special proceedings, and on appeals therefrom; costs may be allowed in the discretion of the court, and when allowed, shall be at the rate allowed for similar services in civil actions." Section 14 of…
2Cited by28 opinions
- Matter of Petition of N.Y., L. W.R.R. Co.New York Court of Appeals · 1885
- Henry v. HenryWest Virginia Supreme Court · 1914
- In Matter of Petition of JetterNew York Court of Appeals · 1879
- In re New York, Lackawanna & Western RailwayNew York Court of Appeals · 1885
- In re Lima & H. F. Railway Co.New York Supreme Court · 1893
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