Matter of U.E.R.R. Co. of Brooklyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made January 15, 1889, which affirmed an order of Special Term appointing commissioners to appraise lands sought to be acquired by petitioner in proceedings for their condemnation under the Rapid Transit Act.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made January 15, 1889, which affirmed an order of Special Term appointing commissioners to appraise lands sought to be acquired by petitioner in proceedings for their condemnation under the Rapid Transit Act. The facts, so far as material, are stated in the opinion, In construing grants to exercise the right of eminent domain, “ á strict rather than a liberal construction is the rule.” (In re Poughkeepsie Bridge Co., 108 N. Y. 483, 490; In re N. Y. Cable Co., 109 id. 32.) The rapid transit act makes…
1Opinion of the CourtGray, J.
This proceeding was instituted to acquire certain real estate, alleged to be needed by the petitioner for the purposes of the operation of its railroad. It was opposed on various grounds; the only one of which we shall consider being the defendant’s objection that the petitioner has no need for the land, within the purposes of its charter; and has no right to take it in imoitam, within the powers conferred by its charter, or by the provisions of chapter 606 of the Laws of 1875, commonly known as the Rapid Transit Act.
It was adjudged by the Supreme Court, at Special Term, that the petitioner…
2Cited by5 opinions
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- Cotulla v. La Salle Water Storage Co.Court of Appeals of Texas · 1913
- Central Crosstown Railroad v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Central Crosstown Ry. Co. v. Metropolitan St. Ry. Co.Appellate Division of the Supreme Court of the State of New York · 1897
- In re the Brooklyn Elevated RailroadNew York Supreme Court · 1890