Legal Opinion · Dissent

In re Board of Rapid Transit Railroad Commissioners

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1897Published

Motion by The Board of Rapid Transit- Railroad Commissioners1 of the city of New York to confirm their -report.

1DissentIngraham, J.

The question to be determined by this court upon this application is presented on a motion to confirm the report of commissioners ■who have determined that an underground railroad ought to be constructed upon or under certain streets in. the city of New York, notwithstanding the refusal of a majority of the property owners upon such streets to consent thereto.

Prior to the year 1874, it was for the Legislature to determine whether a road should or should not be built. Whatever the rule ' had been as to roads or highways where the public had only acquired an easement, it had become the settled…

2Cases cited6 opinions

  1. Lake County v. RollinsSupreme Court of the United States · 1889
  2. Litchfield v. BallouSupreme Court of the United States · 1885
  3. Grant v. City of DavenportSupreme Court of Iowa · 1873
  4. City of Springfield v. EdwardsIllinois Supreme Court · 1877
  5. Bk. for Sav'gs, Etc. v. . Grace, Etc.New York Court of Appeals · 1886

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