Legal Opinion

Rensselaer and Saratoga R.R. Co. v. . Davis

New York Court of Appeals

Decided December 5, 1870PublishedCited by 77 opinions

Appeal from, an order of the General Term of the Supreme Court, in the third judicial department, affirming an order made at Special Term, appointing commissioners to ascertain and appraise compensation for certain marsh lands sought to be acquired under the railroad act, near Whitehall, on the shore of Lake Champlain.

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Appeal from, an order of the General Term of the Supreme Court, in the third judicial department, affirming an order made at Special Term, appointing commissioners to ascertain and appraise compensation for certain marsh lands sought to be acquired under the railroad act, near Whitehall, on the shore of Lake Champlain. The Rensselaer and Saratoga Railroad Company in August, 1870, presented their petition to the court to have the lands in question condemned, alleging that they required them for the purpose of operating their road and doing business thereon in order to receive and ship coal,…

1Opinion of the CourtAndrews, J.

It is insisted by the counsel for the respondent, that the determination of the board of directors, that the land in question was required for the purpose of the corporation, was conclusive upon the court below as to the necessity and extent of the appropriation, and that this court could not review it. And it was claimed by the counsel for the appellants upon the argument, that the Special Term proceeded in making the order appointing commissioners upon this construction of the statute.

If the position of the respondent in this respect is sound, it is decisive of this appeal, and this…

2Cases cited4 opinions

  1. Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
  2. In Re the Appraisal of Damages of TownsendNew York Court of Appeals · 1868
  3. Buffalo and New-York Railroad v. . BrainardNew York Court of Appeals · 1853
  4. People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868

3Cited by77 opinions

  1. People v. . Adirondack Railway Co.New York Court of Appeals · 1899
  2. B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
  3. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
  4. People Ex Rel. Green v. Dutchess & Columbia RailroadNew York Court of Appeals · 1874
  5. Porter v. . International Bridge Co.New York Court of Appeals · 1910

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