New York Central v. Ernst
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Moritz L. Ernst and others, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on the 2d day of December, 1905, as resettled by an order entered in said clerk’s office oil the 16th day of December, 1905.
1Opinion of the Court
Miller, J. :
The defendants appeal from an order denying their motion to dismiss a petition in condemnation proceedings on the ground of a failure to comply with the provisions of section 6 of the Bailroad Law (Laws of 1890, chap. 565, as amd. by Laws of 1892, chap. 676), requiring the filing of a “ map and profile of the route adopted,” and the service of written notice thereof upon the occupants of land proposed to be taken fifteen days before the institution of proceedings. The petition contains the requisites prescribed by section 3360 of the Code of Civil Procedure, and is sufficient…
2Cases cited3 opinions
- In Re Rochester Electric Railway Co.New York Court of Appeals · 1890
- Matter of G. J. Ry. Co. v. . G. S.R.R.New York Court of Appeals · 1902
- Greenwich & Johnsonville Railway Co. v. Greenwich & Schuylerville Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- New York Central & Hudson River Railroad v. UntermyerAppellate Division of the Supreme Court of the State of New York · 1909