Majority
p. 502Matter of Appraisal of the Compensation, etc., for Land of Marks. (Supreme Court, General Term, Second Department, Filed June 28, 1889.)
Headnote
Eminent domain—When foreign railroad corporation may acquire lands—Act of April 2, 1850, § 21, amended by Laws 1881, chap. 649.Under the provisions of the act of April 2, 1850, § 21, as amended by Laws_1881, chap. 649, a foreign corporation, owning or operating a railroad in this state, may acquire any real estate, in addition to what has already been acquired, for the purposes of such railroad.
Appeal from an order appointing commissioners to ascertain the compensation to be made by the New York, New Haven and Hartford Railroad Company, a foreign railroad corporation operating a railroad in this state, for certain lands in Westchester county, proposed to be taken for railroad purposes, in addition to the lands already-acquired. The proceeding is under the act of April 2, 1850, § 21, as amended by Laws 1881, chap. 649.
Noxon Bros., for app’lts; Page & Taft, for resp’t.
The language of the amendment to section 21 is broad enough to allow a foreign corporation to take land under its provisions.
The act is remedial, and should be construed liberally. The public welfare is promoted by the efficient operation of the railroads within the State.
Order affirmed, with costs.
Barnard, P. J., concurs ; Dykman, J., not sitting.