People v. Adirondack Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Albany county. Action by the people of the state of New York against the Adirondack Railway Company and others. The action is one to enjoin the defendant from taking, by condemnation proceedings, any part of the lands described in the complaint, for the purpose of its railway, on the ground that it is within the bounds of the “Forest Preserve” and of the “Adirondack Park.”
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Appeal from special term, Albany county. Action by the people of the state of New York against the Adirondack Railway Company and others. The action is one to enjoin the defendant from taking, by condemnation proceedings, any part of the lands described in the complaint, for the purpose of its railway, on the ground that it is within the bounds of the “Forest Preserve” and of the “Adirondack Park.” Upon the trial at special term, a judgment was rendered in favor of the plaintiff for th'e injunction so asked (54 N. Y. Supp. 682), and from such judgment this appeal is taken.
1Dissent
HERRICK, J. (dissenting).
I cannot agree to the conclusion arrived at by the court in this-case, nor in the reasons therefor contained in the opinion of the Presiding Justice, and the principles involved are so important that I feel constrained to express my views at some length. In order to a complete understanding of the case, it seems to me that a somewhat fuller statement of facts is desirable than that contained in the prevailing opinion.
Section 7 of article 7 of the constitution provides as follows:
“The lands of the state now owned or hereafter acquired, constituting the Forest Preserve,…
2Cases cited28 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- People v. . O'BrienNew York Court of Appeals · 1888
- Pearsall v. Great Northern Railway Co.Supreme Court of the United States · 1896
- Forster v. . ScottNew York Court of Appeals · 1893
- People v. . TurnerNew York Court of Appeals · 1889
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