Legal Opinion

In Re the Public Service Commission

New York Court of Appeals

Decided January 25, 1916PublishedCited by 19 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 5, 1915, which dismissed an appeal from an order of Special Term appointing commissioners of appraisal herein, affirmed an order denying a motion for the appointment of a referee herein, overruled certain objections made by the appellants and affirmed an order confirming the report of commissioners of appraisal.

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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered February 5, 1915, which dismissed an appeal from an order of Special Term appointing commissioners of appraisal herein, affirmed an order denying a motion for the appointment of a referee herein, overruled certain objections made by the appellants and affirmed an order confirming the report of commissioners of appraisal. The facts, so far as material, are stated in the opinion. The order of July 16, 1912, permitting the owners to interpose an answer was sufficient to allow a trial of…

1Opinion of the CourtHiscock, J.

The Public Service Commission of the first district determined to make an application to acquire the fee of certain premises situate in the borough of Brooklyn belonging to the appellants pursuant to chapter 4 of the Laws of 1891, and the several statutes amendatory thereof and supplemental thereto, for the purpose as alleged of maintaining and operating the rapid transit railroad commonly spoken of as the Fourth Avenue Rapid Transit railroad. A petition amongst other things alleging the necessity of said premises for said purpose and praying for the appointment of commissioners of appraisal…

2Cases cited10 opinions

  1. People v. . Adirondack Railway Co.New York Court of Appeals · 1899
  2. Garrison v. City of New YorkSupreme Court of the United States · 1875
  3. People Ex Rel. Herrick v. SmithNew York Court of Appeals · 1860
  4. In Re Deansville Cemetery Ass'n to Acquire Title to Lands of MillerNew York Court of Appeals · 1876
  5. Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891

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3Cited by19 opinions

  1. Cuglar v. Power AuthorityNew York Supreme Court · 1957
  2. Saso v. StateNew York Supreme Court · 1959
  3. Davidson v. City of ElmiraNew York Supreme Court · 1943
  4. County of Jefferson v. HorbigerAppellate Division of the Supreme Court of the State of New York · 1930
  5. Eastman Kodak Co. v. RichardsNew York Supreme Court · 1924

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