Metropolitan Elevated Railway Co. v. Dominick
New York Supreme Court
Appeal from special term, New York county. Proceedings by the Metropolitan Elevated Railway Company for the condemnation of the property of Francis J. Dominick and William P. Douglass, respectively, and of the New York Elevated Railway Company for the condemnation of the property of Susan A. Baldwin.
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Appeal from special term, New York county. Proceedings by the Metropolitan Elevated Railway Company for the condemnation of the property of Francis J. Dominick and William P. Douglass, respectively, and of the New York Elevated Railway Company for the condemnation of the property of Susan A. Baldwin. From the orders of the special term overruling certain preliminary objections to the companies’ petitions, and denying the motions to dismiss such proceedings, the property owners now appeal.
1Opinion of the CourtBarrett, J.
There are but two objections to the petitions which should be considered upon these appeals. The first is that they do not sufficiently describe the property sought to be acquired; the second, that the reason of the petitioner’s inability to acquire title has not been sufficiently stated. The-other objections wére properly overruled. They were either untenable or doubtful. Among the untenable objections was that which went to the root of tlie proceeding, and denied the petitioner’s right in toto. My views upon that head have already been expressed at special term in an unreported opinion,1…
2Cases cited7 opinions
- Ford v. Chicago & North Western Rail RoadWisconsin Supreme Court · 1861
- Matter of Water Com'rs of AmsterdamNew York Court of Appeals · 1884
- Porter v. . WaringNew York Court of Appeals · 1877
- Henderson v. New York Central RailroadNew York Court of Appeals · 1879
- In Re New York Central Railroad to Acquire Lands of ArmstrongNew York Court of Appeals · 1876
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3Cited by11 opinions
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- City of Helena v. RoganMontana Supreme Court · 1902
- City of Syracuse v. StaceyNew York Supreme Court · 1895
- In re Metropolitan Elevated Railway Co.New York Supreme Court · 1891
- Suffolk County Telephone Co. v. GammonAppellate Division of the Supreme Court of the State of New York · 1906
6 more not listed; retrieve them via the Exa API.