In Re New York District Railway Co.
New York Court of Appeals
Appeal by the petitioner, the New York District Railway Company, from an order of the General Term of the Supreme-Court in the first judicial department, made October 27,1886, which denied the application of the petitioner for the appointment of three commissioners to determine whether its railroad, ought to be built.
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Appeal by the petitioner, the New York District Railway Company, from an order of the General Term of the Supreme-Court in the first judicial department, made October 27,1886, which denied the application of the petitioner for the appointment of three commissioners to determine whether its railroad, ought to be built. (Reported below, 42 Hun, 621.) The application was made under the provisions of section 1, of chapter 582 of the Laws of 1880 (commonly called the Tunnelling Act), which provides that, on the refusal of property owners to consent, commissioners may be appointed, and their…
1Opinion of the CourtFinch, J.
ATo act of the legislature warrants this application except that of 1880 (Chap. 582) under which alone it was made, and which furnished the sole authority for the appointment sought. The general act of 1850 (Chap. 140) provides only for commissioners of appraisal, and not at all for officers who are to determine the necessity of the road, and whose order is to take the place of requisite consents. The Rapid Transit Act of 1875 (Chap. 606) does provide for similar commissioners, but vests their appointment in the Mayor and not in the Supreme Court. The General Surface Act of 1884 (Chap. 252)…
2Cases cited1 opinion
- N.Y. Cable Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
3Cited by18 opinions
- Sears v. CrockerMassachusetts Supreme Judicial Court · 1904
- Astor v. Arcade Railway Co.New York Court of Appeals · 1889
- Parker Hotel Company v. City of Grand ForksNorth Dakota Supreme Court · 1970
- People's Rapid Transit Co. v. DashNew York Court of Appeals · 1890
- In Re the Proceedings by Washington Street RailroadNew York Court of Appeals · 1889
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