Hyperlawhypertext legal database In re Newark & M. Railway Co. 134 N.Y.S. 1140

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In re Newark & M. Railway Co.

134 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1912-03-28 English

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p. 1140
In re NEWARK & M. RY. CO.
(Supreme Court, Appellate Division, Fourth Department.
March 28, 1912.)

Headnote

In the matter of the application of the Newark & Marion Railway Company for the appointment of commissioners to determine whether or not the railroad shall be operated under steam power.

Report of commissioners confirmed, without passing upon the question as to whether the abutting owners are entitled to compensation for the alleged additional burden placed upon their property.

FOOTE, J., dissents, upon the ground that the special act under which this proceeding was instituted is invalid, in that it does not provide for compensation to the owners of the fee in Pearl street for the added burden due to the operation of the railroad by locomotive steam power.