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

Summary

The New York Court of Appeals affirmed the order appointing supreme court commissioners to determine the necessity of the New York Elevated Railroad Company's proposed route, holding that the rapid transit act and its provisions are constitutional general laws that do not grant exclusive privileges, that forfeiture of a corporate charter may only be pursued by a direct proceeding but may be waived by the legislature, that the appointment of commissioners without personal notice satisfies constitutional requirements, and that the statutes provide adequate compensation for abutting owners. The court rejected the constitutional objections raised and concluded the proceedings were proper. Justice Allen, in a concurring opinion, emphasized that compensation must be available for all property rights affected.