New York Central & Hudson River Railroad v. Albany Steam Trap Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Albany Steam Trap Company, from a final order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 30th day of June, 1913, confirming the report of commissioners in condemnation proceedings brought to acquire a portion of appellant’s lands for railroad purposes, and also an appeal from the interlocutory judgment herein, entered in the office of the clerk of the county of Albany on…
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Appeal by the defendant, Albany Steam Trap Company, from a final order of the Supreme Court, made at the Albany Special Term and entered in the office of the clerk of the county of Albany on the 30th day of June, 1913, confirming the report of commissioners in condemnation proceedings brought to acquire a portion of appellant’s lands for railroad purposes, and also an appeal from the interlocutory judgment herein, entered in the office of the clerk of the county of Albany on the 23d day of September, 1912, confirming the report of a referee, and appointing commissioners to ascertain the…
1Opinion of the Court
Lyon, J.:
The real property sought to be condemned is situated along the west side of the respondent’s right of way between the Broadway viaduct and Van Woert street in the city of Albany. One parcel belonged to the Albany Steam Trap Company and the other to Jacob W. Bloom. The latter evidently accepted the award, as the Albany Steam Trap Company alone appeals. The trial of the issues had before a referee resulted in favor of the respondent, the referee deciding that the respondent - had established a necessity for the acquisition for the respondent’s corporate purposes of the property sought…
2Cases cited3 opinions
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- In Re N.Y.C. H.R.R.R. Co. v. . M.G.L. Co.New York Court of Appeals · 1875
- Syracuse, Lake Shore & Northern Railroad v. CarrierAppellate Division of the Supreme Court of the State of New York · 1912
3Cited by3 opinions
- County of Los Angeles v. Signal Realty Co.California Court of Appeal · 1927
- People v. ChurchCalifornia Court of Appeal · 1943
- People ex rel. Department of Public Works v. ChurchAppellate Division of the Superior Court of California · 1943