In re the Niagara, Lockport & Ontario Power Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Rosalie Flarke from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Niagara on the 1st day of November, 1905, permitting the plaintiff to enter immediately upon the real property described in the petition herein.
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Appeal by Rosalie Flarke from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Niagara on the 1st day of November, 1905, permitting the plaintiff to enter immediately upon the real property described in the petition herein. The plaintiff is an electric transportation corporation duly organized pursuant to the laws of the State of New York, and is engaged in constructing a line for the transmission of- electricity from the city of Buffalo east war dly to the central part of the State. Maps of the route have been tiled, surveys…
1Opinion of the Court
Spring, J.:
The petition alleges that the value of the property to be condemned is three hundred and fifty-five dollars and eighty cents, and the affidavit of Mr. Scoby states that the land is assessed at thirty dollars an acre, and is worth not to exceed seventy-five dollars an *688acre. The answer-of the'defendant -specifically denies the estimate placed upon the property by the plaintiff, but does not contain any statement of its value. The appellant’s contention is that the court consequently had no jurisdiction to designate or to ascertain á sum upon, the payment of which temporary possession…
2Cases cited3 opinions
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Pocantico Water Works Co. v. BirdNew York Court of Appeals · 1891
3Cited by15 opinions
- Alabama Interstate Power Co. v. Mt. Vernon-Woodberry Cotton Duck Co.Supreme Court of Alabama · 1913
- Walker v. Shasta Power Co.Court of Appeals for the Ninth Circuit · 1908
- Great Falls Power Co. v. WebbTennessee Supreme Court · 1910
- In re Niagara, Lockport & Ontario Power Co.New York Supreme Court · 1925
- Oneonta Light & Power Co. v. SchwarzenbachAppellate Division of the Supreme Court of the State of New York · 1914
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