In re the Brooklyn, Winfield & Newtown Railroad
New York Court of Appeals
Appeal froiii order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which denied a motion for the appointment of commissioners to appraise the compensation to be made to the Brooklyn Railroad Company for the use of its tracks, the right to which was sought to be acquired by the petitioner. The decision upon a former proceeding is reported in 72 N. Y., 245. The facts appear sufficiently in the opinion.
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Appeal froiii order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which denied a motion for the appointment of commissioners to appraise the compensation to be made to the Brooklyn Railroad Company for the use of its tracks, the right to which was sought to be acquired by the petitioner. The decision upon a former proceeding is reported in 72 N. Y., 245. The facts appear sufficiently in the opinion. The failure of the petitioner to begin and finish its road before May 25, 1877, was a mere defeasance and its corporate existence…
1Opinion of the CourtAndrews, J.
This court in the former proceeding taken by the petitioner for the appointment of commissioners appraisal, affirmed the order of the Special and General Terms, denying the prayer of the petition on the ground that in September, 1877, when the proceeding was instituted, the Brooklyn, "Winfield, and Newtown Railroad Company,had ceased to be a corporation, and was extinct by its failure to construct its road within the time limited by chapter 775, of the Laws of 1867, or within the three years for which the time was extended by chapter 575 of the Laws of 1874.
In the former proceeding it was…
2Cases cited1 opinion
- Matter of N.Y. Elevated R.R. Co.New York Court of Appeals · 1877
3Cited by1 opinion
- In re the Brooklyn Elevated RailroadNew York Supreme Court · 1890