In Re Board of Rapid Transit Railroad
New York Court of Appeals
Appeal from, an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1908, which affirmed in part and reversed in part an order of Special Term confirming the report of commissioners of appraisal in proceedings under the Rapid Transit Act to acquire a perpetual right of way under certain streets in the borough of Brooklyn.
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Appeal from, an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 16, 1908, which affirmed in part and reversed in part an order of Special Term confirming the report of commissioners of appraisal in proceedings under the Rapid Transit Act to acquire a perpetual right of way under certain streets in the borough of Brooklyn. This proceeding was commenced on the 22nd of January, 1903, by the board of rapid transit railroad commissioners of the city of New York to procure the appointment of commissioners of appraisal, pursuant to the Rapid…
1Opinion of the CourtVann, J.
The Rapid Transit Act authorizes the city, through its board of rapid transit commissioners, to acquire by contract or condemnation “ any real estate and any rights, terms and interests therein, any and all rights, privileges, franchises and easements, whether of owners or abutters, or others to interfere with the construction or operation of such road or to recover damages therefor, which, in the opinion of the board it shall be necessary to acquire or extinguish for the purpose of constructing and operating such road free of interference or right of interference.” (Rapid Transit Act, L.…
2Cases cited20 opinions
- South Carolina v. United StatesSupreme Court of the United States · 1905
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Bohm v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1892
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3Cited by89 opinions
- Holtz v. Superior CourtCalifornia Supreme Court · 1970
- Matter of Culver Contrg. Corp. v. HumphreyNew York Court of Appeals · 1935
- Oakes Manufacturing Co. v. City of New YorkNew York Court of Appeals · 1912
- Evelyn Building Corp. v. City of New YorkNew York Court of Appeals · 1931
- Litchfield Construction Co. v. City of New YorkNew York Court of Appeals · 1926
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