Rochester, Hornellsville & Lackawanna Railroad v. Hartshorn
New York Supreme Court
Appeal from special term, Monroe county. Application of the Rochester, Hornellsville, and Lackawanna Railroad Company against Charles H. Hartshorn and others for the condemnation of land under the general railroad act. From several orders of the special term Hartshorn and others appeal. For opinion on former appeal, see 2 H. Y. Supp. 457.
1Opinion of the CourtDwight, J.
Of the four appeals the first is said -to have been taken only pro forma; the second raises the question of the necessity or propriety of bringing in the receiver of the petitioner, appointed since the proceedings were commenced, as a party to the proceedings; the third is from an order denying the appellants’ motion for leave to file an answer, after an award and an order, on appeal, for a rehearing; and the fourth is from an order appointing commissioners for such rehearing. The third appeal presents the principal question in the case.
The facts are as follows; Charles Hartshorn, the husband…
2Cases cited3 opinions
- Dyckman v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- New York & Erie Rail Road v. Corey & SmithNew York Supreme Court · 1850
- Rochester, Hornellsville & Lackawanna Railroad v. HartshornNew York Supreme Court · 1888
3Cited by1 opinion
- In re MyrickNew York Supreme Court · 1891