Niagara Falls & Lake Ontario Railroad v. Hotchkiss
New York Supreme Court
Motion for writ of assistance. On the 11th of April, 1853, The Niagara Falls and Lake Ontario Railroad Company presented their petition to the court, praying for the appointment of commissioners of -appraisal, for the purpose of taking the lands of Calvin Hotchkiss and others, situate in the town of Lewiston, for the purposes of their road. Commissioners were appointed pursuant to the prayer of the petition.
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Motion for writ of assistance. On the 11th of April, 1853, The Niagara Falls and Lake Ontario Railroad Company presented their petition to the court, praying for the appointment of commissioners of -appraisal, for the purpose of taking the lands of Calvin Hotchkiss and others, situate in the town of Lewiston, for the purposes of their road. Commissioners were appointed pursuant to the prayer of the petition. These commissioners, having viewed the premises and heard the proofs and allegations of the parties, awarded to the owners, the sum of seven hundred and fifty dollars, as compensation for…
1Opinion of the CourtHarris, J.
Upon the consummation of the proceedings prescribed by the railroad act, it is declared that “ the company shall be entitled to enter upon, take possession of, and use the land for the purposes of its incorporation.” And all persons who have been made parties to the proceedings shall be divested and barred of all right, estate and interest in such real estate. The company required no legal process to put them in possession. The statute was their warrant for entering upon the land. The owners, having been made parties to the proceedings, were divested and barred of all their interest. They had…
2Cited by4 opinions
- Matter of the N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- In re New York Central & Hudson River RailroadNew York Court of Appeals · 1875
- In re New York Central & Hudson River RailroadNew York Supreme Court · 1874
- People ex rel. Armstrong v. New York Central & Hudson River RailroadNew York Supreme Court · 1874