In re the Niagara Falls & Whirlpool Railway Co.
New York Supreme Court
Appeal by botb parties from an order made at tbe Erie Special Term denying to tbe petitioner tbe riglit to condemn certain lands, and appointing commissioners to appraise tbe' value of certain other lands in proceedings instituted to condemn lands for tbe use of tbe petitioner. Tbe lands mentioned in the petition are described as being in two separate parcels.
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Appeal by botb parties from an order made at tbe Erie Special Term denying to tbe petitioner tbe riglit to condemn certain lands, and appointing commissioners to appraise tbe' value of certain other lands in proceedings instituted to condemn lands for tbe use of tbe petitioner. Tbe lands mentioned in the petition are described as being in two separate parcels. Tbe Deveaux College is a corporation authorized and empowered by its charter to bold real estate for tbe limited uses and purposes mentioned therein. It is set forth in tbe petition “ that tbe petitioner has surveyed tbe line or route…
1Opinion of the Court
Barker, J.:
At the time the petition was filed and served the company had not given written notice to all actual occupants of the land over which the proposed route of the road was located, and which had not been purchased by 01 given to the company, of the time and place where the map and profile were filed, and that the route designated passes over the land of such occupant, as required by section 22 of the general act, but the proper notice had been served upon the Deveaux College more than fifteen days prior to the institution of these proceedings. By reason of this omission, the…
2Cases cited4 opinions
- Craig v. . Town of AndesNew York Court of Appeals · 1883
- New York & Boston Railroad v. GodwinNew York Supreme Court · 1871
- In the Matter of the Long Island R.R. Co.New York Court of Appeals · 1871
- People Ex Rel. E. G.V.R.R. Co. v. . TubbsNew York Court of Appeals · 1872