In re New York Central & Hudson River Railroad
In re New York Central & Hudson River Railroad
Opinion of the Court
The description of the first parcel of land set forth in the petition, which the company seeks to acquire in this proceeding, is manifestly defective. The statute (S. L. of 1850, chap. 140, § 14) declares that the petition must contain a description of the real estate which the company seek to acquire, and this provision cannot be complied with unless there is such a description of the land as will show its location and the boundaries thereof. The easterly course, along the wall of the brewery building, terminates at a point on the west line of Clinton street, where the same intersects the line between the lands of Mrs. Rau and the petitioner; and thence the boundary runs westerly along the north line of petitioner’s land to Pitt street. It does not appear to what point on the west this point of intersection is to be extended, nor where the north line is, nor what is the quantity or size of the piece of land intended to be embraced in the description. If the line runs directly west, it would run over the easterly line along the south wall of Mrs. Rau’s brewery, only taking in about one foot in width for the last part of the line. If it runs to Pitt street at any other point, it does not appear to what point; if it be a triangular piece,
In proceedings of this character, extreme accuracy is essential, for the protection of the rights of all the parties, and a failure to comply with the statute must lead to difficulty and embarrassment.
As the proceedings must be vacated upon the ground already stated, it is not necessary to consider whether'the signature and verification of the petition was in accordance with the statute, or the premises. in question were liable to condemnation for the use of the company.
The orders of the Special and General Term must be reversed, and application denied.
All concur, except Allen, J., taking no part.
Ordered accordingly.
Reference
- Full Case Name
- In the Matter of the Application of the New York Central & Hudson River Railroad Company to Acquire Certain Hands of Elizabeth Rau
- Cited By
- 3 cases
- Status
- Published