In Re Rochester Electric Railway Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1890, which reversed an order of the Special Term appointing commissioners to appraise the value of lands sought to be taken for railroad purposes.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of June, 1890, which reversed an order of the Special Term appointing commissioners to appraise the value of lands sought to be taken for railroad purposes. The petitioner was organized under chapter 252, Laws of 1884. In November, 1887, it acquired, for a consideration, the consent of the Rochester and Charlotte Turnpike Company for the construction and operation of a street surface railway on the highway leading from Rochester to Charlotte. This turnpike company had been…
1Opinion of the CourtGray, J.
The land owners have opposed these proceedings of the petitioner to acquire then* lands, upon various grounds; but it is only necessary to discuss two propositions, which, m limine, seem successfully to assail the right of the corporation to take by condemnation the respondents' property for its corporate uses. The respondents say that the petitioner has not obtained the consent of the local authorities of the town of Greece, and that it has not made and filed a map or survey of the proposed route. * To the first of these objections the petitioner answers that the portion of the highway in…
2Cases cited3 opinions
- In Matter of N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
- Matter of Thirty-Fourth Street R.R. Co.New York Court of Appeals · 1886
- Matter of Kings County Elevated R.R. Co.New York Court of Appeals · 1887
3Cited by38 opinions
- Erie Railroad Co. v. . StewardNew York Court of Appeals · 1902
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- In re Split Rock Cable Road Co.New York Court of Appeals · 1891
- Manufacturers & Merchants' Insurance v. ArmstrongIllinois Supreme Court · 1893
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1902
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