New York Municipal Railway Corp. v. Weber
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, New York Municipal Railway Corporation and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of June, 1916, in so far as the same confirms the report of the commissioners of appraisal with respect to one parcel and orders compensation made to the respondent for the taking thereof.
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Appeal by the plaintiffs, New York Municipal Railway Corporation and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 22d day of June, 1916, in so far as the same confirms the report of the commissioners of appraisal with respect to one parcel and orders compensation made to the respondent for the taking thereof. Also an appeal by the executrix of a deceased commissioner in the proceeding from an order denying her application for fees herein on behalf of her testator.
1Opinion of the Court
Stapleton, J.:
For many years a two-track railway, laid on the railroad corporation’s land, crossed, at grade, Eighty-sixth street, a legally opened and graded but otherwise unimproved thoroughfare in the present borough of Brooklyn. The street is 100 feet in width. The city of New York included that railway in the development of a rapid transit system. By a group of contracts, the details of which would unnecessarily extend this opinion, the plaintiff New York Consolidated Railroad Company assumed the duty of laying two additional parallel tracks; depressing the roadbed to eliminate grade…
2Cases cited4 opinions
- South Buffalo Railway Co. v. KirkoverNew York Court of Appeals · 1903
- Conklin v. New York, Ontario & Western Railway Co.New York Court of Appeals · 1886
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- Wilcox v. St. Paul & Northern Pacific Railway Co.Supreme Court of Minnesota · 1886
3Cited by6 opinions
- City of Denton v. HuntCourt of Appeals of Texas · 1950
- DIV. OF ADMIN., STATE DEPT. OF TRANSP. v. JirikDistrict Court of Appeal of Florida · 1985
- In re Village of Port Byron, New York County Courts1930
- Sherover Construction Corp. v. City of New YorkNew York Supreme Court · 1937
- Town of Nichols v. ParkAppellate Division of the Supreme Court of the State of New York · 1924
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