Long Island Railroad v. Jones
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Long Island Railroad Company, from so much of an order of the Supreme Court, made at the Queens County Special Term and entered in the office of the clerk of the county of Queens on the 3d day of April, 1912, as denies plaintiff’s motion for permission to enter immediately upon the real property sought to be condemned in this proceeding.
1Opinion of the Court
Burr, J.:
The Condemnation Law contains this provision:' “When an answer to the petition has been interposed, and it appears to the satisfaction of the court, that the public interests will be prejudiced by delay, it may direct that the plaintiff be permitted to enter immediately upon the real property to be taken, and devote it temporarily to the public use specified in the petition, upon depositing with the court the Sum stated in the answer as the value of the property, and which sum shall be applied, so far as it may be necessary for that purpose, to the payment of the award that may be…
2Cases cited15 opinions
- Cherokee Nation v. Southern Kansas Railway Co.Supreme Court of the United States · 1890
- Bloodgood v. Mohawk & Hudson RailroadNew York Supreme Court · 1837
- In Re Niagara Falls & Whirlpool Railway Co.New York Court of Appeals · 1888
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Matter of B., W. and N. Railway Co.New York Court of Appeals · 1878
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3Cited by5 opinions
- Bronx Chamber of Commerce, Inc. v. FullenNew York Supreme Court · 1940
- City of Albany v. McMorranNew York Supreme Court · 1962
- Flood Abatement Commission of Olean v. MerrittNew York Supreme Court · 1916
- Old Homestead Water Co. v. TreyzAppellate Division of the Supreme Court of the State of New York · 1922
- Algonquin Gas Transmission Co. v. ColemanConnecticut Superior Court · 1951