New York Court of Appeals
In the Matter of the Petition of the Boston and Albany Railroad Company for the Appointment of Commissioners
November 11, 187353 N.Y. 574
Summary
The New York Court of Appeals reversed the lower courts and denied the Boston and Albany Railroad Company's petition to condemn a parcel of land dedicated as a public park, holding that the General Railroad Act does not authorize the taking of property already held in trust for public use absent an express statutory grant.