Schenectady Railway Co. v. Peck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Katharine K. Peck and others, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 23d day of July, 1903, upon the decision of the court, rendered after a trial at the Fulton Special Term, adjudging the condemnation of certain real property described in the petition in the action to be necessary for the public use.
1Opinion of the Court
Chase, J.:
In an action between the parties to this proceeding the appellants were adjudged the owners of the fee of that portion of Washington avenue in the city of Schenectady described in the petition herein, and the petitioner was enjoined from constructing a street railroad *202thereon. (Peck v. Schenectady R. Co., 67 App. Div. 359 ; 170 N. Y. 298.) In the Court of - Appeals the judgment of the. Special Term was modified by adding thereto “a provision that if the defendant shall acquire a right to the, use of the land in question for street railway purposes the judgment shall not be regarded…
2Cases cited7 opinions
- Peck v. Schenectady Railway Co.New York Court of Appeals · 1902
- Matter of Stillwater M. St. Ry. Co.New York Court of Appeals · 1902
- In re Proceedings by the Washington Street Asylum & Park RailroadNew York Court of Appeals · 1889
- Adee v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1902
- Buffalo, Bellevue & Lancaster Railroad v. New York, Lake Erie & Western RailroadNew York Supreme Court · 1893
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3Cited by2 opinions
- Hirt v. City of CasperWyoming Supreme Court · 1940
- In re the City of New YorkNew York Supreme Court · 1917