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…
1Opinion of the CourtHaight, J.
The Long Island Eailroad Company has instituted the proceedings in question for the purpose of condemning the real estate of the respondents and acquiring title thereto for the purpose of enabling it to construct a railroad crossing over Van Wyck avenue in the city of New York. The company is a corporation existing under the general railroad laws of this state and has heretofore constructed and operated a railroad through Long Island. Just before its road crosses Van Wyck avenue it separates into two branches; one proceeding on through the new tunnel of the Pennsylvania railroad at…
2Cases cited3 opinions
- Erie Railroad Co. v. . StewardNew York Court of Appeals · 1902
- People Ex Rel. Bacon v. Northern Central Railway Co.New York Court of Appeals · 1900
- New York Central & Hudson River Railroad v. UntermyerAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Ritchie v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1929
- Davis v. International Railway Co.New York Supreme Court · 1915
- Hearst v. New York Central & Hudson River RailroadNew York Supreme Court · 1914
- Long Island Railroad v. SherwoodNew York Supreme Court · 1912