Long Island R.R. Co. v. . Garvey
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 15, 1896, and from the judgment entered thereon December 23, 1896, affirming a final order made at Special Term in condemnation proceedings. The facts, so far as material, are stated in the opinion. The commissioners erred in holding that there was a taking of property.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered December 15, 1896, and from the judgment entered thereon December 23, 1896, affirming a final order made at Special Term in condemnation proceedings. The facts, so far as material, are stated in the opinion. The commissioners erred in holding that there was a taking of property. (A. B. N. Co. v. N. Y. E. R. R. Co., 129 N. Y. 271 ; Flinn v. N. Y. C. & H. R. R. R. Co., 142 N. Y. 11 ; Sawyer v. Davis, 136 Mass. 239 ; Beseman v. P. R. R. Co., 50 N. J. L. 235 ; Roberts v. N. Y. El. R. R.…
1Opinion of the CourtVann, J.
After the recovery of the judgment, which was considered by us in Garvey v. Long Island Railroad Company (159 N. Y. 323), this proceeding was instituted by the defendant in that action against the plaintiff therein to condemn the right to do what it was restrained from doing by that judgment.
The railroad company alleged in its petition that the public use, for which an interest in Mr. Garvey’s land was required, was “ for the purpose of the operation of the turntable used ” in its business, and demanded that it might “ be adjudged that the public use requires the condemnation of the property…
2Cases cited6 opinions
- Williams v. . B.E.R.R. Co.New York Court of Appeals · 1891
- Nellis v. . MunsonNew York Court of Appeals · 1888
- Garvey v. . Long Island R.R. Co.New York Court of Appeals · 1899
- Arimond v. Green Bay & Mississippi Canal Co.Wisconsin Supreme Court · 1872
- People Ex Rel. Manhattan Savings Institution v. OtisNew York Court of Appeals · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
- Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
- Louisville & Nashville Terminal Co. v. LellyettTennessee Supreme Court · 1904
- Gossett v. Southern Railway Co.Tennessee Supreme Court · 1905
- Syracuse Solar Salt Co. v. Rome, Watertown & Ogdensburg RailroadAppellate Division of the Supreme Court of the State of New York · 1899
5 more not listed; retrieve them via the Exa API.