New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-05-19
THE COURTS.
SUPREME COURT-CHAMBERs.


BEFORE Judge Cdrdoso.-In re Petition Of the
Een York ard Harlem Railroad Co for the appointment
Of Commissioners &c. agt Ebert s. w ct GLnn p NO
nsrd by New York and Harlem Railroad Co TO com
Ebert KIP The owner OF poe isS 0 an fro one
Forty-seventh 10 Forty-eighthsts., valued at over
@ 3 the to the & Ss % At TSsS 10 Se
thorizes snch proceeding when the Company enai
REQUIRE for the purposes OF Its TaSad Sc so owned
or ea by such Company, any real estate IN au,uV
20 the Of the railroad
petition stated that the land was necessary TOT ,nS
I"r the n ~ sne and opSraDs Of The
answer denied every aegst,on, ~, in c ase Pe'TSa
Judge j. r. Flanders TO take proof Of me tbo i Ro
The referee in his report found as tact anaI 'n neI
lease for q years which has nine to rum and that
has been used ISr o yne tWo Soess in the
vicinity and considerable property below use
onv mite as well as the one in question and that there
no necessity that it should have this block In preference
thai the two blocks which the Company now owns be,
tween Forty-sxth and Forty anu o III ~ am
require the additional structures that it will have TO
erect for some years to come. But the plans whcn
which induced them TO claim that they require more
land than they now have They intend # the Gan carry try
storing ears aud other purposes not particularly speei
DC controlled by the desires of these officers or
n some grand scheme which they have formed, pnt py
he reasonable requirements or tne company, tuo
ust rights OF the citizen The referee see no neon
geuiece 70 the Company in storing their empty cars ON
the land owned by them. below Forty secondst. The
Company have the right to institute the proceeding
provided il does not possess real estate sufficient or
cannot acquire it by voluntary sale But; says ,ie
eferee sit harsh and arbitrary proceeding III the
most favorable view that can he taken OF
sen Without T the consent T Of the and at vaua
ton not his own such third parties may get upon
It, do not think that any person should be eompeed
par with his property in of this kind unt IL DC
appear that the party seeking to acquire IL mas
offered for IL its fair market value and that TINS tHe
owner has refused sell II for, and has sought 10
buy other property which will the reasonable re-
1urements of the applicant, If any such can be found
such offer is shown to have been made and the ref
thinks the Company has sufficient lands for It's pur
poSe without the block sought to be acquired.
The came up yesterday on motion made by Mr.:
Gerry, who presents Mr. Kip, to confirm the report OF
Inc referee against the granting of the petition. MT
RapalO representing the Company, opposed the con-
irnaten of the report and moved to set II aside hold
the referee had right TO give any OPINION as
ID whether the commissioner could be appointed, and
AT all lie bound to show that the property was
required for legitimate of the CompaDy and
that they already occupied it, as stated In his
report of itself sufficient ground to entle them 10
it, The decision OF the Court was reserved For the mo-
ton Mr.. Ebridge L. Gerry; opposed, Mr. Charles a.
RapallO.