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.