 | New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Hiram Edward Sickels - 1895 - 852 pages
...of such property owners cannot be obtained, the General Term of the Supreme Court, in the district in which it is proposed to be constructed, may, upon...constructed or operated, and their determination, conOpinion of the Court, per PKCKIIAM, J. [Vol. 147. firmed by the court, may be taken in lieu of the... | |
 | 1895 - 436 pages
...be first obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court, in the department in...application, appoint three commissioners who shall determine, .fter aheanng of all parties interested, whether such railroad uught to be constructed or ofierated,... | |
 | New York (State) - 1895 - 1206 pages
...upon application, in the same manner and on the same notice specified in section five of this act, appoint three commissioners, who shall determine after a hearing of all parties interested, whether the same ought to be constructed or operated, and their determination, confirmed by the court, may... | |
 | 1895 - 424 pages
...be first obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court, in the department in which it is proposed to lw constructed, may, upon application, appoint three commissioners who shall determine, ifter aheanng... | |
 | New York (State) - 1896 - 1262 pages
...be first obtained, or in case the consent of such property owners cannot be obtained, the appellate division of the supreme court, in the department in...taken in lieu of the consent of the property owners. Id., § 18. [Note.— Art. III. § 18, added to the constitution in 1874. amended by substituting in... | |
 | Marcus Tullius Hun - 1882 - 804 pages
...such property owners cannot be first obtained, the General Term of the Supreme Court in the district in which it is proposed to be constructed may, upon...taken in lieu of the consent of the property owners. This constitutional restriction was'respected in the rapid transit act of 1875, and the last part of... | |
 | 1896 - 1276 pages
...be îlrst obtained, or in case the consent of such property owners cannot be obtained, the appellate division of the supreme court. In the department in...determination, confirmed by the court, may be taken iu lieu of the consent of the property owners." While the expression "their determination,'' literally... | |
 | New York (State) - 1896 - 992 pages
...be lirst obtained, or in case the consent of such property owners cannot be obtained, the Appellate Division of the Supreme Court, in the department in...railroad ought to be constructed or operated, and theif determination, conGrmed by the court, may be taken in lieu of the consent of the property owners.... | |
 | New York (State). Board of Railroad Commissioners - 1896 - 792 pages
...not be obtained, the general term of the supreme court of the department in which such railroad is to be constructed, may upon application, appoint three...all parties interested, whether such railroad ought tobe constructed or operated, and the amount of damages, if any, to be paid to such property owners,... | |
 | New York (State). Supreme Court. Appellate Division - 1898 - 778 pages
...such rail- j road ought to be constructed or oj*erated, and their determination, confirmed by the1 court, may be taken in lieu of the consent of the property owners."1 Section 91 of the Kail road Law above referred to, so far as it is applicable to this case,... | |
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... consent also of the local authorities having the control of, that portion of a street or highway upon which it is proposed to construct or operate such railroad be first obtained, or in case the consent of such property owners cannot be obtained,... 
