In re New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term vacating a prior order which confirmed the report of commissioners appointed to ascertain and appraise the compensation to be made the owners of real estate sought to be taken for railroad purposes, and setting aside the report of the commissioners and appointing new commissioners.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term vacating a prior order which confirmed the report of commissioners appointed to ascertain and appraise the compensation to be made the owners of real estate sought to be taken for railroad purposes, and setting aside the report of the commissioners and appointing new commissioners. (Reported below, 5 Hun, 105.) The affidavits upon which the motion was made tended to show irregularity upon the part of the commissioners amounting to misconduct, gross inadequacy of the…
1Opinion of the CourtFolger, J.
' The power to institute, control and review, the proceedings of commissioners in street opening cases and in cases of taking lands for railroad purposes, is given to the .Supreme Court, as the court of the Constitution, and not to the judges thereof, in such way that they must act as a tribunal of inferior jurisdiction created by statute, or .as commissioners appointed by the legislature. (N. Y. C. R. R. v. Marvin, 11 N. Y., 276; Matter of Canal St., 12 id., 406 ; In re Osw. and Mid. R. R., 40 How. Pr., 335). It follows that at Special Term the court has all its powers in dealing with those…
2Cases cited5 opinions
- Rensselaer and Saratoga R.R. Co. v. . DavisNew York Court of Appeals · 1870
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- Matter of Application of Mayor, Etc., of N.Y.New York Court of Appeals · 1872
- Livermore v. . BainbridgeNew York Court of Appeals · 1874
- In re New York & Oswego Midland RailroadNew York Supreme Court · 1870
3Cited by6 opinions
- Board of Supervisors v. Sherlo Realty, Inc.New York Supreme Court · 1961
- Chicago, Detroit & Canada Grand Trunk Junction Railroad v. SimonsMichigan Supreme Court · 1920
- In re the Grade Crossing CommissionersAppellate Division of the Supreme Court of the State of New York · 1911
- Claim of E. I. duPont deNemours Powder Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
- In re Board of Supervisors of Sullivan County, New York County Courts1933
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