New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-10-29
PROPERTY OWNERS DEFEATED.
DECISION IN ELEVATED ROAD CASES.
JUDGE ANDREWS ovERRULEs ALL OBJECTIONS
mo- AppoINTING COMMISSIONS.


TO APPOINTING COMMISSIONS.
Judge Andrews handed down his decision in the
elevated railroad yesterday and overruled the
objections Of the property to appointing COM
missions for insitutng condemnation proceedings.
Following is the opinion in full
With one possible exception every preliminary OBJ
lection raised in these proceedings has been heretofore
raised in similar proceedings instituted by the present
petitioners and after full argument and consideration
has becn overrue by Mr.. Justice Barrett Mr. Justice
OBrlen or myself Most OF such objections hove been
overued by both OF these Justices IA wen as by me-
These decisions have been reversed or modified and
they must be regarded the law applicable to these
matters exception referred is the objection that
the inability Of the petitioners to acquire title Is ayered
information and belief.
This objection was raised before Mr. Justice O'Brien,
he appointed COMM Of appraisal he must
have overruled It, although It is not referred TO In his
opinion. However, even IL the objection should Dc
treated as q new one L do not think 1t well founded.
All that is stated in the statute on this point is that
the petition shall signed and verified according TO the
rules and practice OF the court and there Is no rule OF
the court now in force prescribing how peutons OF is
character, Of any other character, shall be verified
The usual practice OF the is, when petition Is
20 take the place Of aldavi, and Is to be USED as
proof OF the facts therein stated 20 require that the
matter should be stated upon the personal knowledge OF
the petitioner: though even in such statements
made upon information and belief received as basis
for judicial action provided the petitioner states the
OF his Information and the GROUNDS OF MS pe-
lief.
In many cases. however, petition merely takes the
place Of pleading and such IL IL the constant
and uniform practice for the court to receive anu sc'
upon petitions in which many Of the material allegations
are made upon information and belief.
In my opinion the petition, upon applications ike
the present treated pleading. and whether
the provisions code In relation to plesdngs DO OF
do not apply sufficient IL the allegations are made
upon information belief II any other rule should
is railroad corporations would
find it impossible to present such applications
10 the court
The statute declares the petition must be signed
and verified The corporation con sign and verify only
through It's officers agents. The statute presclDes
what the petition shall contain and from the very nature
OF the case IL seldom happen that any officer or
agent corporation could have personal knowledge
OF all the facts be stated in the petition
This especially true OF the allegations OF the lnaDihS
OF the corporation acquire title the real estate which
it seeks TO condemn. All the preliminary objections VIII
be oyerrued will hear the proofs and oil
legations OF the parties Tuesday. October 20. at
o'clock in the afternoon.
The case will be up again to morrow to determine
several other questions raised by the properyo"hers