In re the New York Elevated Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, confirming the report of commissioners appointed by the Supreme Court, under and in pursuance of sections four and thirty-six of the “Rapid-Transit Act,” so called (chap. 606, Laws of 1875). (Mem. of decision below, 7 Hun, 239). It was set forth in the petition upon which the commissioners were appointed, in substance, that the petitioner, the Hew York Elevated Railroad Company, was…
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Appeal from order of the General Term of the Supreme Court in the first judicial department, confirming the report of commissioners appointed by the Supreme Court, under and in pursuance of sections four and thirty-six of the “Rapid-Transit Act,” so called (chap. 606, Laws of 1875). (Mem. of decision below, 7 Hun, 239). It was set forth in the petition upon which the commissioners were appointed, in substance, that the petitioner, the Hew York Elevated Railroad Company, was a corporation duly organized under the laws of this State; that under the Rapid-Transit Act, five commissioners…
1Opinion of the CourtEarl, J.
The order appealed from is assailed upon many grounds, and the magnitude of the public and private interests involved in this matter requires that each ground should be carefully examined and considered.
In 1866, an act was passed “ supplementary to the act *335entitled “ An act to authorize the formation of railroad corporations, and to regulate the same, passed April 2, 1850.” It provided that any number of persons, not less than ten, could “ form themselves into a company for constructing, maintaining and operating a railway for public use, in the conveyance of persons and property by means of…
2Cases cited13 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- United States Tr. Co. of New York v. . U.S. Fire Ins. Co.New York Court of Appeals · 1858
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
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3Cited by42 opinions
- Mayor of New York v. Manhattan Railway Co.New York Court of Appeals · 1894
- In Re the Estate of McGrawNew York Court of Appeals · 1888
- People v. ParksCalifornia Supreme Court · 1881
- McDonald v. ConniffCalifornia Supreme Court · 1893
- Matter of Thirty-Fourth Street R.R. Co.New York Court of Appeals · 1886
37 more not listed; retrieve them via the Exa API.