Colonial City Traction Co. v. Kingston City Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Kingston City Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Ulster on the 20th day of August, 1896, upon the decision of the court rendered after a trial at the Ulster Special Term.
Read the full summary
Appeal by the defendant, The Kingston City Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric of the county of Ulster on the 20th day of August, 1896, upon the decision of the court rendered after a trial at the Ulster Special Term. The petitioner is a corporation organized April 22, 1896, for the purpose of constructing, completing and operating a street surface railroad in the city of Kingston, and it acquired by purchase, upon a foreclosure sale, all the property, rights and franchises of the. Colonial City Electric Railway…
1Opinion of the Court
Herrick, J.:
The proceeding sought to be reviewed here is in effect a condemnation proceeding for the purpose of securing the right to use the defendant’s property.
Before a corporation can resort to condemnation proceedings, it must have complied with all the statutory requirements necessary to entitle it to take such proceedings.
It would seem to be a self-evident proposition that, before a corporation can institute legal proceedings to secure the use of property, it should first secure the right to use such property after it has obtained it.
If it is necessary to procure the right to construct…
2Cases cited5 opinions
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Matter of Metropolitan Transit Co.New York Court of Appeals · 1889
- In re Saratoga Electric Railway Co.New York Supreme Court · 1890
- Ingersoll v. Nassau Electric Railway Co.New York Supreme Court · 1895
3Cited by3 opinions
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Geneva & Waterloo Railway Co. v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- In re Syracuse & South Bay Railway Co.New York Supreme Court · 1900