Legal Opinion

Rochester, Syracuse & Eastern Railroad v. Tolan

Appellate Division of the Supreme Court of the State of New York

Decided December 5, 1906PublishedCited by 3 opinions

Appeal by the defendants, Ellen Tolan and others, from a final order of the Supreme Court, made at the Monroe Special Term and entered in .the office of the cleric of the county of Monroe on the 27t-li day of September, 1905, as amended by an order made on the 14tli day of October, 1905, confirming the report of commissioners in condemnation proceedings. ' - -

1Opinion of the Court

Spring, J.:

The respondent is a domestic street surface railroad corporation duly organized for the purpose óf constructing arid operating a street surface railroad between tire city of Boclrester and the city uf Syracuse. The defendants own a tract of land containing about-twenty-one acres, situated on East avenue and -in. the town of Brighton .and within 400 feet of tire city line of Boclrester.

The respondent’s proposed route passes, through the lands of the appellants, and it commenced the usual proceeding, under the Con-, demnation Law by petition to acquire the real property sought to bp…

2Cited by3 opinions

  1. In re the New York, Westchester & Boston Railway Co.Appellate Division of the Supreme Court of the State of New York · 1912
  2. Terminal Railway of Buffalo v. GerbereuxNew York Supreme Court · 1907
  3. New York State Electric & Gas Corp. v. O. & W. Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1963

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