In re Long Island Railroad
New York Supreme Court
Appeal from special term, Kings county ¡ Petition by the Long Island Railroad Company to acquire title to certain lands. Charles Moran, one of the landowners, appeals. Affirmed.
1Opinion of the CourtPratt, J.
This is an appeal by the owner of property from an order appointing commissioners to appraise land sought to be taken by the petitioner under the general railroad laws of the state.
The first objection urged is that the statement in the petition, that the petitioner had been unable to agree with the owner upon a price for the land, is not sufficient to confer jurisdiction. This is not valid. The petition does state as a fact that the owner demands an unreasonable price. This is a sufficient allegation, under the authorities. In re New York, W. S. & B. Ry. Co., 64 How. Pr. 216; In re Suburban…
2Cases cited3 opinions
- People v. Brooklyn, Flatbush & Coney Island Railway Co.New York Court of Appeals · 1882
- In re New York, West Shore & Buffalo Railway Co.New York Supreme Court · 1882
- In re Metropolitan Elevated RailroadNew York Supreme Court · 1889