In re the South Beach Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made the second Monday of May, 1889, which affirmed an order of Special Term denying the application of the petition for the appointment of commissioners to appraise the compensation for lands sought to be taken by the petitioner. 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 Court in the third judicial department, made the second Monday of May, 1889, which affirmed an order of Special Term denying the application of the petition for the appointment of commissioners to appraise the compensation for lands sought to be taken by the petitioner. The facts, so far as material, are stated in the opinion. It is a forced construction of the word “acquire” to limit it to acquisition by gift or voluntary purchase. (Laws of 1850, §-13.) The section of the Constitution relied on as the chief point in opposition to this…
1Opinion of the CourtFinch, J.
The petitioner seeks to condemn land for the purposes of its railway, and its right to do so is here in controversy. It was organized under the act passed May 6,1884, entitled “An act to provide for the construction, maintenance and operation of street surface railroads and branches thereof in cities, towns and villages,” and became a corporation by force of that act. The corporators assumed the name of the South Beach Bailway Company, and certified the objects of the corporation to be to construct and operate a street surface railway from the Arrochar station of the Staten Island Bapid…
2Cited by4 opinions
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- City of Aurora v. Elgin, Aurora & Southern Traction Co.Illinois Supreme Court · 1907
- Cotulla v. La Salle Water Storage Co.Court of Appeals of Texas · 1913
- Koehn v. Public Service CommissionNew York Supreme Court · 1919