Majority
p. 533In the matter of the application of the Commissioners of State Reservation at Niagara, to take certain lands.[1] (Court of Appeals, Filed June 22, 1886.)
Headnote
Practice—Laws 1883, chapter 386—Appeal—Cannot be taken from order confirming report of commissioners to take land at Niagara.An appeal cannot be taken to this court from an order of the general term of the supreme court confirming the report of the commissioners appointed to ascertain and report the compensation to be paid for lands taken under chapter 336, Laws 1883, authorizing the selection of lands for a state reservation at Niagara Falls.
Motion to dismiss an appeal from order of supreme court at general term, fifth department, affirming order of special term confirming report of commissioners of appraisement of land to be taken for Niagara park reservation.
Ansley Wilcox, for motion; Calvin Frost, opposed.
We think we are concluded by the decisions under the general railroad act from entertaining this appeal. There is no such difference between the language of that act and the language of the act under which these proceedings were instituted as to require or authorize a different construction of the two acts. There is no public policy and no reason for authorizing appeals to. this court under the one act which do not apply to the other. Decisions which have been so long and uniformly adhered to should not now be departed from or disregarded.