In re New York Central & Hudson River Railroad
New York Supreme Court
Appeal by the New York Central and Hudson River Railroad Company from an order at the special term denying writ to put appeHant in possession of lands taken from Abner A. Armstrong for appeHant’s railroad. The opinion states the only point in controversy.
1Opinion of the CourtMullin, P. J.
The only question presented by this appeal is whether this court has power to make an order that the railroad *85company having procured the lands in question to be appraised and the appraisement confirmed in conformity to the general railroad act be put into possession of the lands so appraised.
Prior to 1854 the power of the court to put the company in possession was doubted. The legislature at its session in that year passed an act (chapter 282 of the Laws of 1854) by the 5th section of which it is provided as follows, viz. :
“In all cases of appraisal under this act and the act hereby amended,…
2Cases cited1 opinion
- Niagara Falls & Lake Ontario Railroad v. HotchkissNew York Supreme Court · 1853