In the Matter of the Petition of the Gilbert Elevated Railway Company to Acquire Title to Lands in the City of New…

Summary

The New York Court of Appeals affirmed the lower court's order appointing commissioners to appraise damages, holding that Section 36 of the Rapid-Transit Act does not violate the State Constitution's prohibition on granting a private right to lay railroad tracks or an exclusive franchise. The Court further held that the act's consent requirements do not apply to the Gilbert Elevated Railway Company and that the delegation of authority to commissioners is permissible. Justice Allen, J., wrote the majority opinion; Justice Allen, J., also wrote a concurring opinion, which fully agrees with the majority.