New York Court of Appeals
In Matter of the Application of the Rensselaer and Saratoga Railroad Company, Respondent v. Emerson E. Davis and…
December 5, 187043 N.Y. 137
Summary
The New York Court of Appeals reversed the lower courts' order and denied the Rensselaer and Saratoga Railroad Company's application to condemn marsh lands, holding that the corporation had not shown the lands were necessary for its present or prospective public business and that the board of directors' determination was not conclusive.