Erie Railroad Co. v. . Steward
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered dune 12, 1901, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The court has jurisdiction upon this appeal to review the determination of the Appellate Division.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered dune 12, 1901, reversing a judgment in favor of plaintiff entered upon the report of a referee and granting a new trial. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The court has jurisdiction upon this appeal to review the determination of the Appellate Division. (Otten v. M. R. Co., 150 N. Y. 395; Benedict v. Arnoux, 154 N. Y. 715; Hirschberg v. Fitzgerald, 157 N. Y. 166; Griggs v. Day, 158 N. Y. 1; O’Brien v. E. R. B. Co., 161 N. Y.…
1Opinion of the CourtGray, J.
In this proceeding the Erie Bailroad Company seeks to acquire certain lands in the town of Goshen, against the will of the defendants, their owners, upon the allegation that they are necessary for the purpose of laying two additional main tracks, from a point westerly of the village of Goshen to a point easterly of the said village and upon a different alignment from that upon which its present main tracks are laid. The application was opposed by the ownners; who denied the allegations of the petition relating to the necessity for the lands, or to their being required for a public use. Upon…
2Cases cited7 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Matter of Poughkeepsie Bridge CompanyNew York Court of Appeals · 1888
- Buffalo and New-York Railroad v. . BrainardNew York Court of Appeals · 1853
- Mason v. Brooklyn City & Newtown Rail RoadNew York Supreme Court · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Porter v. . International Bridge Co.New York Court of Appeals · 1910
- Kinney v. Citizens Water & Light Co.Indiana Supreme Court · 1909
- Brooklyn & Rockaway Beach Railroad v. Long Island RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Long Island Railroad v. JonesAppellate Division of the Supreme Court of the State of New York · 1912
- Long Island R.R. Co. v. . SherwoodNew York Court of Appeals · 1912
14 more not listed; retrieve them via the Exa API.