Matter of City of Buffalo
New York Court of Appeals
These were appeals by the Lake Shore and Michigan Southern Railroad Company, the Hew York Central and Hudson River Railroad Company, the Erie Railway Company and the Buffalo, Hew York and Erie Railroad Company from orders of the General Term of the Superior Court of the city of Buffalo, affirming an order of Special Term appointing three commissioners to ascertain and report the compensation to be paid to the appellants, as the owners of lands sought to be taken for the…
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These were appeals by the Lake Shore and Michigan Southern Railroad Company, the Hew York Central and Hudson River Railroad Company, the Erie Railway Company and the Buffalo, Hew York and Erie Railroad Company from orders of the General Term of the Superior Court of the city of Buffalo, affirming an order of Special Term appointing three commissioners to ascertain and report the compensation to be paid to the appellants, as the owners of lands sought to be taken for the purpose of extending the Main and Ham-burgh Street Canal in said city. Proceedings were instituted under the city charter,…
1Opinion of the CourtFolger, J.
This case has already been before us. It then appeared from the certificate of the learned judges at General Term, that that learned court had not passed upon the important questions of law and of fact presented. The judgment of the General Term was then put solely upon the ground, that the Special Term had no power to inquire into aught but the mere regularity of the municipal proceedings, and as to who should be commissioners. Therein, as we conceived, the General Term was in error. It was the sole error which the record then presented. It was all that this court could then properly review…
2Cases cited5 opinions
- The People v. . KerrNew York Court of Appeals · 1863
- Matter of Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Griffith v. WellsNew York Supreme Court · 1846
- Mohawk & Hudson Rail Road v. ArtcherNew York Court of Chancery · 1836
- Hudson & Delaware Canal Co. v. New-York & Erie Rail RoadNew York Court of Chancery · 1841
3Cited by69 opinions
- People v. . Adirondack Railway Co.New York Court of Appeals · 1899
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Isenhour v. StateIndiana Supreme Court · 1901
- Butte, Anaconda & Pacific Railway Co. v. Montana Union Railway Co.Montana Supreme Court · 1895
- Baltimore & Ohio & Chicago Railroad v. NorthIndiana Supreme Court · 1885
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