C. Coles Dusenbury, Respondent, Vs. the Mutual Union Telegraph Co., Appellant: Brief and Points on Behalf of Appellant

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E.W. Sackett & Rankin, printers, 1883 - Eminent domain - 6 pages
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Page 4 - But an easement may be acquired in invitum, by legislative authority, in lands held and occupied for a public use, when such easement may be enjoyed without detriment to the public or interfering with the use to which the lands are devoted.
Page 5 - ... structure is permanent in its character — and if suffered to continue, will inflict a permanent and continuing injury upon the plaintiff — he has the right to restrain the erection and continuance of the road by injunction. Sixth. That the statutes under which the defendant is organized authorize it to acquire such property as may be necessary for its construction and operation by the exercise of the right of eminent domain. Seventh. The injunction prohibiting the continuance of the road...
Page 5 - Court held that the statutes under which the said railroad is organized, authorized it to acquire such property as may be necessary for its construction and operation by the exercise of the right of eminent domain, and that the injunction prohibiting the continuance of the road in Front street should not be issued until th'' defendant lias had a reasonable time after this decision to acquire plaintiff's property by agreement or by proceedings to condemn the same.
Page 3 - The act gave the owners power to apply for the appointment of commissioners of estimate, and provided compulsory machinery for assessing and collecting the money and paying compensation. Semble (the point was not made on the trial, and was not necessarily involved), that within the principle that, where certain and adequate means are provided for obtaining satisfaction for land taken by the power of eminent domain, compensation need not be paid in advance...
Page 4 - And, referring to streets, it is said in the same opinion, they " may be appropriated to other purposes than a mere place of passage ; they may be used and appropriated for the promotion of the health, trade, commerce and convenience of the public, and, it may be added, for any public use which is consistent and in harmony with their use as public highways.
Page 4 - Although a highway is devoted to one public use the legislature may devote it, concurrently, to another public use, so far as declaring a necessity for that other use is concerned.
Page 4 - NY, 327-361, it was there determined that ample provision was made in the Rapid Transit Acts for compensation for any rights of private property which the abutting owners had in the streets of New York City.

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