New York Court of Appeals

In the Matter of the Petition of the New York Elevated Railroad Company.

September 18, 187770 N.Y. 327

Summary

The New York Court of Appeals affirmed the order of the Supreme Court commissioners, holding that the Rapid-Transit Act and its provisions are constitutional, that the act provides adequate compensation to abutting property owners, and that a corporate forfeiture may only be enforced by a direct proceeding. The court also upheld the delegation of authority to commissioners and the procedural methods used.