In re New York & Harlem Railroad
New York Supreme Court
Appeal from an order. The New York and Harlem Railroad Company leased from Elbert S. and Elizabeth Kip the premises lying between Forty-seventh and Forty-eighth-streets and Fourth and Lexington-a venues, in the city of New York, for a term of twenty-one years, from December 1, 1858. In November, 1869, the company filed their petition, under the amendment to the general railroad act (Laws of 1869, 441, ch. 237), to acquire the title in fee of the land for the purposes of a…
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Appeal from an order. The New York and Harlem Railroad Company leased from Elbert S. and Elizabeth Kip the premises lying between Forty-seventh and Forty-eighth-streets and Fourth and Lexington-a venues, in the city of New York, for a term of twenty-one years, from December 1, 1858. In November, 1869, the company filed their petition, under the amendment to the general railroad act (Laws of 1869, 441, ch. 237), to acquire the title in fee of the land for the purposes of a depot. Under this petition a reference was directed to take the proofs. On the reference an attempt was made on the part…
1Opinion of the CourtCardozo, J.
That freight depots, at convenient localities, are “necessary” to the operation of the petitioners’ road, is undeniable. The company, therefore, “requires” real estate for that purpose.
*92To say that it can get along with a lease, is to say what is equally true respecting every foot of land over which it runs its cars, but to claim that therefore the fee is not “required, ” is to apply a hypercritical meaning to that term, which ought not to prevail against a corporation created for the convenience of the public, and is contrary to the plain intent of the statutes upon these subjects, which make…
2Cases cited1 opinion
- Oswego Falls Bridge Co. v. FishNew York Court of Chancery · 1846