Prospect Park & Coney Island Railroad v. Williamson
New York Court of Appeals
Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
Read the full summary
Appeal from, judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 15, 1881, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Eeported below, 24 Hun, 216.) This action was brought to restrain defendants, the commissioners of highways of the town of Gravesend, from opening and constructing a public highway at Coney Island, across lands of the. plaintiff. The material facts are stated in the opinion.
1Opinion of the CourtEapallo, J.
The land through which the defendants pro-
pose to open the highway in question, was formerly the property of the town of Gravesend, and was in the year 1876 acquired by the plaintiff for depot purposes, under the provisions of the general railroad law as amended. (Laws of 1854, chap. 282, § 17.) The value of the land and of the interest of a *558lessee of the town in a portion thereof, were appraised at upwards of $5,500 and paid, and the plaintiff acquired a title thereto, in fee, pursuant to the act referred to. The general principle that land once taken and appropriated to a public use,…
2Cases cited1 opinion
- The Albany Northern Railroad Company v. . BrownellNew York Court of Appeals · 1862
3Cited by10 opinions
- People Ex Rel. v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1898
- Allegh. V. R. v. Pittsb. Junction R.Supreme Court of Pennsylvania · 1886
- Oklahoma City v. Local Federal Savings & Loan Ass'nSupreme Court of Oklahoma · 1943
- St. Louis, Hannibal & Kansas City Railway Co. v. Hannibal Union Depot Co.Supreme Court of Missouri · 1894
- Inhabitants of Easthampton v. County Commissioners of HampshireMassachusetts Supreme Judicial Court · 1891
5 more not listed; retrieve them via the Exa API.