Legal Opinion

In Re the Public Service Commission for the First District

New York Court of Appeals

Decided July 12, 1918PublishedCited by 9 opinions

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 29, 1917, which affirmed an order of Special Term confirming the report of commissioners of appraisal in condemnation proceedings under the Rapid Transit Act.

1Opinion of the CourtCrane, J.

The majority of the court are of the opin- - ion that the unanimous affirmance of the order confirming the report of the commissioners that the New York Dock Company failed to establish any title or rights in the property condemned precludes us from considering the claims urged by said company on this appeal. If, however, in view of the public interest involved we should assume without deciding that we are able to consider the same we should still think that the report was correct..

The city of New York, under authority of the Rapid Transit Act, brought this proceeding to acquire upland and…

2Cases cited5 opinions

  1. In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
  2. People v. New York & Staten Island Ferry Co.New York Court of Appeals · 1877
  3. West Chicago Street Railroad v. People Ex Rel. City of ChicagoSupreme Court of the United States · 1906
  4. First Construction Co. v. . State of New YorkNew York Court of Appeals · 1917
  5. In re McClellanAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by9 opinions

  1. Matter of City of New York (Upper N.Y. Bay)New York Court of Appeals · 1927
  2. Gucker v. Town of HuntingtonNew York Court of Appeals · 1935
  3. Fairchild v. Union Ferry Co.New York Supreme Court · 1923
  4. Appleby v. . City of New YorkNew York Court of Appeals · 1923
  5. Union Ferry Co. v. FairchildAppellate Division of the Supreme Court of the State of New York · 1920

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