Long Island R.R. Co. v. . Sherwood
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 5, 1911, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The plaintiff had full authority to institute this proceeding. (Cons. Laws, ch. 49, §§ 8, 17; N. Y. C. & H. R. R. R. Co. v. Untermyer, 133 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered December 5, 1911, affirming a judgment in favor of defendants entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The plaintiff had full authority to institute this proceeding. (Cons. Laws, ch. 49, §§ 8, 17; N. Y. C. & H. R. R. R. Co. v. Untermyer, 133 App. Div. 146.) There was no change of route within the meaning of the Railroad Law, and compliance with the provisions thereof…
1DissentVann, J.
In order to carry out an extensive plan to improve its railroad' system at Jamaica the plaintiff sought by this proceeding to acquire certain lands of the defendants by condemnation. The three lines oper - ated by the plaintiff, one owned and the others leased, converge but do not meet or coincide at Jamaica, which is within the city of New York, each being constructed upon its own right of way extending continuously from its own separate and independent terminus at one end of its line to its own separate and independent terminus at the other. The lines extend east and west the entire length…
2Cases cited14 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Bell Telephone Co. v. . ParkerNew York Court of Appeals · 1907
- Matter of Kings County Elevated R.R. Co.New York Court of Appeals · 1887
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