In re Board of Rapid Transit Railroad Commissioners
Appellate Division of the Supreme Court of the State of New York
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
- Lake County v. RollinsSupreme Court of the United States · 1889
- Litchfield v. BallouSupreme Court of the United States · 1885
- Grant v. City of DavenportSupreme Court of Iowa · 1873
- City of Springfield v. EdwardsIllinois Supreme Court · 1877
- Bk. for Sav'gs, Etc. v. . Grace, Etc.New York Court of Appeals · 1886
1 more not listed; retrieve them via the Exa API.