In Re the President, Managers & Company of the Delaware & Hudson Canal Co.
New York Court of Appeals
Appeal by the Delaware and Hudson Canal Company from order of the Special Term of the -Supreme Court in the third judicial department affirming an order of Special Term confirming the report of commissioners appointed to appraise the compensation to be paid John P. Adams for an interest in certain real estate sought to be acquired by proceedings in invitum for the purposes of said corporation.
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Appeal by the Delaware and Hudson Canal Company from order of the Special Term of the -Supreme Court in the third judicial department affirming an order of Special Term confirming the report of commissioners appointed to appraise the compensation to be paid John P. Adams for an interest in certain real estate sought to be acquired by proceedings in invitum for the purposes of said corporation. The owner claimed that the order was not appealable under section 18 of the general railroad act (chap. 140, Laws of 1850), making the decision of the Supreme Court upon appeal from appraisals final and…
1Opinion of the CourtAllen, J.
The corporation appellant, owning and operating a railroad, with all the rights of a railroad corporation, seeks to acquire the title to lands in invitmn, by proceedings under the general laws of the State. This company is Avithiu the provisions of those laws, and, in these proceedings, is seeking to avail itself of them in the exercise of the delegated power of eminent domain. The original act authorizing the formation of railroad corporations (chap. 140 of the Luavs of 1850), creates a system complete in itself for the acquisition of lands for the purposes of railroads, and the appraisal of…
2Cases cited2 opinions
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
- People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874
3Cited by18 opinions
- In the Matter, Etc., of P.P. C.I.R.R. Co.New York Court of Appeals · 1881
- Aldinger v. PughNew York Supreme Court · 1890
- United States Ex Rel. Fink v. TodCourt of Appeals for the Second Circuit · 1924
- In re Appointment of Park CommissionersSuperior Court of Buffalo · 1888
- Dewey v. Central Car & Manufacturing Co.Michigan Supreme Court · 1880
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