Legal Opinion

In re Southern Boulevard Railroad

New York Supreme Court

Decided December 29, 1890PublishedCited by 11 opinions

Appeal from special term, New York county. Application by the Southern Boulevard Railroad Company to acquire the right to construct and operate its road upon that part of the Southern boulevard which formerly belonged Paul Spofford, deceased. Commissioners appointed to appraise the compensation to be made to owners of lands to be taken made a nominal award of six cents.

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Appeal from special term, New York county. Application by the Southern Boulevard Railroad Company to acquire the right to construct and operate its road upon that part of the Southern boulevard which formerly belonged Paul Spofford, deceased. Commissioners appointed to appraise the compensation to be made to owners of lands to be taken made a nominal award of six cents. From an order confirming the report of the commissioners, the executors and trustees under the will of said Paul Spofford, deceased, and others, appeal. For proceedings to enjoin the construction of the road, see 4 N. Y. Supp.…

1Opinion of the CourtVan Brunt, P. J.

In 1867 the legislature passed an act to authorize the towns of Morrisania and West Farms to widen, make, extend, and improve a highway in said towns to be called the “Southern Boulevard,” and by the act commissioners were appointed with power to perform the several acts and duties therein prescribed. Among other things it was provided in said actas follows: “Sec. 24. Said road when constructed shall be kept and maintained for the public use as an avenue and boulevard, and, except for the purposes of crossing the same, no railway or tramway shall be laid or constructed thereon, or upon any…

2Cited by11 opinions

  1. Matter of S.B.R.R. Co.New York Court of Appeals · 1894
  2. In re the Southern Boulevard RailroadNew York Court of Appeals · 1894
  3. Matter of S.B.R.R. Co.New York Court of Appeals · 1894
  4. Matter of the S.B.R.R. Co.New York Court of Appeals · 1895
  5. In re Southern Boulevard RailroadNew York Court of Appeals · 1894

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