Legal Opinion

In re Board of Rapid Transit Railroad Commissioners

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

Decided May 15, 1905PublishedCited by 1 opinion

Application of the Board of Rapid Transit Railroad Commissioners of the City of New York for a confirmation of the report of commissioners appointed to determine as to whether or not the plans of the rapid transit commissioners for building the underground railroad between Thirty-fourth and Forty-second streets in the borough of Manhattan, in the city of New York, should be modified.

1Opinion of the Court

Ingraham, J.:

The'question whether this underground railroad should be constructed and operated according to the original plan, notwithstanding the refusal of the abutting property owners to consent, was deter-' mined in favor of its construction and operation by the commissioners appointed by this court, which report was confirmed. Subsequently, the board of rapid transit railroad commissioners and the contractors proceeded to make a substantial modification in the. plans which had been approved, by constructing the road under Park ave- ■' hue between Thirty-fourth and Forty-second streets,…

2Cases cited1 opinion

  1. Barney v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by1 opinion

  1. In re the Board of Rapid Transit Railroad CommissionersAppellate Division of the Supreme Court of the State of New York · 1907

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