Champlain & Sanford Railroad v. Ostrander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George E. Ostrander, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 13th day of December, 1911, upon the decision of the court, rendered after a trial at the Washington Special Term, decreeing the right to condemn real property for railroad purposes.
1Opinion of the Court
Houghton, J.:
The respondent is a railway corporation and instituted proceedings for the condemnation of lands, the record title of which was in Finch, Pruyn & Co., Incorporated. The appellant Ostrander was made a party and it was alleged in the petition that he had some right or interest in the property sought to be condemned. On the return day of the petition he appeared and tendered an answer to the effect that he had some equitable interest in the real property and the right through contract with Finch, Pruyn & Co., Incorporated, to convey or furnish conveyance of the right of way sought…
2Cases cited5 opinions
- Erie Railroad v. StewardAppellate Division of the Supreme Court of the State of New York · 1901
- Matter of R., H. L.R.R. Co.New York Court of Appeals · 1888
- Hooker v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1901
- People v. ThorntonAppellate Division of the Supreme Court of the State of New York · 1907
- Village of St. Johnsville v. SmithAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by3 opinions
- County of Westchester v. P. & M. Materials Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Board of Hudson River Regulating District v. Fonda, Johnstown & Gloversville RailroadNew York Supreme Court · 1926
- United States v. Certain Lands in Town of HighlandsDistrict Court, S.D. New York · 1942