In re New York Central & Hudson River Railroad
New York Court of Appeals
, Appeal from order of the General Term of the Supreme Court, in tho first judicial department, affirming an order of Special Term authorizing the taking and appointing commissioners to appraise the value of lands sought to be taken by petitioner. - The laud sought to be acquired is a tract in the city of New York along the Hudson river, between Sixty-fifth and Seventy-second' streets, adjoining on the west the present roadway of the petitioner.
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, Appeal from order of the General Term of the Supreme Court, in tho first judicial department, affirming an order of Special Term authorizing the taking and appointing commissioners to appraise the value of lands sought to be taken by petitioner. - The laud sought to be acquired is a tract in the city of New York along the Hudson river, between Sixty-fifth and Seventy-second' streets, adjoining on the west the present roadway of the petitioner. A large portion of the land is under water. The reasons for taking such property, as stated in the petition, are as follows : “ That the petitioners,…
1Opinion of the CourtMiller, J.
Various objections are urged against the right of the petitioners to acquire the land sought to be appropriated by them for the purposes of their railroad.
A point is made that the premises intended to be taken constitute a tract of land which is intersected by streets and avenues, without the control of which the plans of the petitioners cannot be carried out; and that the order appealed from does not give them such control. It is true, that the order appealed from, which condemns the land and directs the commissioners to appraise the same, provides that it shall not “ affect any rights or…
2Cases cited8 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- People v. LambierNew York Supreme Court · 1847
- In Re N.Y. and H.R.R. Co. v. . KipNew York Court of Appeals · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chicago & Eastern Illinois Railroad v. WiltseIllinois Supreme Court · 1886
- Lyon v. McDonaldTexas Supreme Court · 1890
- Kneeland v. KorterWashington Supreme Court · 1905
- Prosser v. Northern Pacific RailroadSupreme Court of the United States · 1894
- In re City of UticaNew York Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.