In the Matter of the Long Island R.R. Co.
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the second department, affirming an order made in July, 1810, at Special Term, which vacated and set aside an order made by Barnard, J. The Hunter’s Point and South Side Railroad Company was organized under the general railroad act, and duly filed a map, etc. This company gave written notice of location of their route to one Furman, an actual occupant of land over which the location was made.
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Appeal from an order of the General Term of the Supreme Court in the second department, affirming an order made in July, 1810, at Special Term, which vacated and set aside an order made by Barnard, J. The Hunter’s Point and South Side Railroad Company was organized under the general railroad act, and duly filed a map, etc. This company gave written notice of location of their route to one Furman, an actual occupant of land over which the location was made. On the petition of Furman, commissioners to examine the route were appointed, and duly made and filed their determination as to the route,…
1Opinion of the Court
Upon filing articles of association, in conformity with the provisions of the general railroad act, a corporation is created, with power to construct a railroad between the places and through the counties designated therein. But the particular route of the proposed road is not left to the discretion of the corporation. It is to be determined by the proceedings and in the manner prescribed in the twenty-second section of the act.
The location of the route is, in its nature, a proceeding preliminary to the acquisition of land therefor by appraisal and condemnation; and the statute regulations…
Also in this document: Concurrence.
2Cases cited2 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868
3Cited by8 opinions
- New York & Albany Railroad v. New York, West Shore & Buffalo RailroadNew York Supreme Court · 1882
- People Ex Rel. E. G.V.R.R. Co. v. . TubbsNew York Court of Appeals · 1872
- Greenwich & Johnsonville Railway Co. v. Greenwich & Schuylerville Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Underground R. R. of New York v. City of New YorkU.S. Circuit Court for the District of Southern New York · 1902
- In re the Niagara Falls & Whirlpool Railway Co.New York Supreme Court · 1887
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