In re Split Rock Cable Road Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Oourt in the fourth judicial department, made December 6, 1890, which reversed an order of Special Term appointing commissioners of appraisal and dismissed the proceedings. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Oourt in the fourth judicial department, made December 6, 1890, which reversed an order of Special Term appointing commissioners of appraisal and dismissed the proceedings. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The taking of private property for the purpose of an elevated tramway of this description, is a taking for a public use within the principles established by the courts cf this and other states. (B., etc., R. R. Co. v. Brainard, 9 N. Y. 100; N. F. R. R. Co. v. De Veaux, 108 id. 221;…
1Opinion of the CourtO’Brien, J.
The Split Rock Cable Road Company, a corporation organized under chapter 462 of the Laws of 1888, entitled “ An act to authorize the formation of elevated tramway corporations and to regulate the same,” applied by petition to the Supreme Court for authority, to take for its corporate use certain lands of which the respondents are the owners. The right to take these lands was contested by the owners on several grounds, among them, that the use for which they were *412required by the corporation was not public. The Special Term granted the application and directed the appointment of commissioners…
2Cases cited3 opinions
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
3Cited by10 opinions
- Apex Transportation Co. v. GarbadeOregon Supreme Court · 1898
- Anderson v. Smith-Powers Logging Co.Oregon Supreme Court · 1914
- Great Western Natural Gas & Oil Co. v. HawkinsIndiana Court of Appeals · 1903
- Chattanooga Terminal Ry. Co. v. FeltonU.S. Circuit Court for the District of Eastern Tennessee · 1895
- People Ex Rel. Horton v. PrendergastNew York Court of Appeals · 1928
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