In re Metropolitan Transit Co.

New York Supreme Court

In re Metropolitan Transit Co.

7 N.Y. St. Rep. 477

DecidedMarch 31, 1887

StatusPublished

This text of 7 N.Y. St. Rep. 477 (In re Metropolitan Transit Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Metropolitan Transit Co., 7 N.Y. St. Rep. 477 (N.Y. Super. Ct. 1887).

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Opinion

Per Curiam.

We are of the opinion that under the petition in this proceeding, as it stands, all parties having any interest in the streets through which the petitioners’ road is to pass have a right to be heard, as all rights might be condemned thereunder, and the order appealed from must be reversed, with costs, and the petition remitted to the special term for further action.

An application having been made to the general term to amend the petition by limiting the proceedings thereunder to the ascertainment of the compensation to be paid to the city of New York for the use of the streets by the peti[478]*478tioner, we are of the opinion that such application should be made to the special term, and our decision herewith announced upon the order appealed from is made without" prejudice to such application.

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Per Curiam.

We are of the opinion that under the petition in this proceeding, as it stands, all parties having any interest in the streets through which the petitioners’ road is to pass have a right to be heard, as all rights might be condemned thereunder, and the order appealed from must be reversed, with costs, and the petition remitted to the special term for further action.

An application having been made to the general term to amend the petition by limiting the proceedings thereunder to the ascertainment of the compensation to be paid to the city of New York for the use of the streets by the peti[478]*478tioner, we are of the opinion that such application should be made to the special term, and our decision herewith announced upon the order appealed from is made without" prejudice to such application.

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Bluebook (online)

7 N.Y. St. Rep. 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-metropolitan-transit-co-nysupct-1887.