Dexter & Northern Railroad v. Foster
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Dexter and Northern Railroad Company, from an order of the Supreme Court, made at the Herkimer. Special Term and entered in the office of the clerk of the county of Jefferson on the 14th day of May, 1910, awarding costs to the separate defendants.
1Opinion of the Court
Spring, J. :
In September, 1909, the Dexter and Northern Railroad Company, which is located entirely within the village of Dexter, commenced a proceeding in pursuance of the Condemnation Law to acquire lands in the village of Dexter for the operation of its railroad. All the owners resided in that village and all were made parties to the proceeding, and each parcel of land to be acquired was described and its value stated.
The Village of Dexter and Mrs. Lawton, owners, appeared by separate attorneys, and thirteen other owners, defendants, appeared.by Smith & Phelps. No answer was served, and…
2Cases cited4 opinions
- Matter of City of BrooklynNew York Court of Appeals · 1895
- Matter of P.P. and C.I.R.R. Co.New York Court of Appeals · 1876
- In re the City of New YorkNew York Supreme Court · 1909
- Schenectady Railway Co. v. LyonNew York Supreme Court · 1904
3Cited by2 opinions
- County of Westchester v. Wakefield Park Realty Co.Appellate Division of the Supreme Court of the State of New York · 1911
- In re the City of BuffaloNew York Supreme Court · 1913