In re New York, West Shore & Buffalo Railway Co.
New York Supreme Court
Appeal from an order made at the Erie County Special Term, confirming the report of commissioners in proceedings taken by petition of the New York, West Shore and Buffalo Railway Company, to acquire for its road land in the city of Buffalo. The appellants, Elizabeth Hart and George S. Hart, had an estate in the premises. The appellant, Frank L. Hart, a minor son and heir apparent of the latter, is about fifteen years of age and has no general guardian.
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Appeal from an order made at the Erie County Special Term, confirming the report of commissioners in proceedings taken by petition of the New York, West Shore and Buffalo Railway Company, to acquire for its road land in the city of Buffalo. The appellants, Elizabeth Hart and George S. Hart, had an estate in the premises. The appellant, Frank L. Hart, a minor son and heir apparent of the latter, is about fifteen years of age and has no general guardian. Richard E. Windsor was a tenant for years. The minor appeared by a guardian ad litem, duly appointed, and the other parties appeared by…
1Opinion of the Court
JBradley, J.:
The evidence taken before the commission fairly justified their award. The contention of the counsel for the appellants in that respect is not sustained. In fact it appears that Elizabeth and George S. Hart entered into a contract with the railway company, prior to the institution of this proceeding, to sell and convey to it the premises in fee, free and clear from all incumbrances, and to convey them by full covenant deed for $8,000, but the circumstances on the hearing tend to show that it was designed to be subject to the lease held by Windsor. The award was for $9,500, of…
2Cases cited9 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Wassum v. FeeneyMassachusetts Supreme Judicial Court · 1876
- New-York Central Railroad Co. v. . MarvinNew York Court of Appeals · 1854
- Howard v. SextonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Johns v. HodgesCourt of Appeals of Maryland · 1883
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