Legal Opinion

New York Central & Hudson River Railroad v. Untermyer

Appellate Division of the Supreme Court of the State of New York

Decided June 4, 1909PublishedCited by 5 opinions

Appeal by the defendants, Samuel [Jntermyer and another, from a final order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of April, 1908, confirming the report of commissioners of appraisal in a condemnation proceeding, and from the judgment entered thereon, and also from a judgment, entered in said clerk’s office on the 26th day of October, 1907, upon the ' decision of the court…

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Appeal by the defendants, Samuel [Jntermyer and another, from a final order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 18th day of April, 1908, confirming the report of commissioners of appraisal in a condemnation proceeding, and from the judgment entered thereon, and also from a judgment, entered in said clerk’s office on the 26th day of October, 1907, upon the ' decision of the court rendered after a trial at the Westchester Special Term appointing commissioners of appraisal.

1Opinion of the Court

Woodward, J. :

■ The plaintiff in its petition for the condemnation of lands of the defendants near the city of Yonkers avers that the “ public use for which said, property is required is for an additional main track-of the plaintiff’s railroad, for its accommodation and. to afford. safer and more expeditious and convenient handling of trains and traffic, which have increased in number and volume, so that the handling thereof on the existing tracks of the plaintiff is difficult and dangerous. It is intended by the plaintiff herein to construct an additional main track from New York city as far…

2Cases cited3 opinions

  1. Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
  2. City of Syracuse v. StaceyNew York Supreme Court · 1895
  3. New York Central v. ErnstAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by5 opinions

  1. In re the New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1910
  2. Long Island R.R. Co. v. . SherwoodNew York Court of Appeals · 1912
  3. Davis v. International Railway Co.New York Supreme Court · 1915
  4. Hearst v. New York Central & Hudson River RailroadNew York Supreme Court · 1914
  5. Long Island R.R. Co. v. . SherwoodNew York Court of Appeals · 1912

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