Legal Opinion

Erie & Jersey Railroad v. Brown

New York Supreme Court

Decided December 15, 1907Published

Condemnation proceedings.

1Opinion of the CourtTompkins, J.

The petitioner, a railroad company, organized under the laws of the State of blew York, seeks to acquire by condemnation a strip -of land across the farm owned by the defendants, to be used as a part of a steam railroad now in process of construction through Orange county.

The defendants answer the petition and urge several reasons for a dismissal thereof. The first is that the plaintiff has not proven its incorporation in compliance with the provisions of subdivisions 6 and 13 of section 2 of the Railroad Iaw. The petition alleges the due incorporation of the plaintiff and the granting to it,…

2Cases cited1 opinion

  1. New York & Albany Railroad v. New York, West Shore & Buffalo RailroadNew York Supreme Court · 1882

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