
    The Manhattan Railway Company, Plaintiff, v. John J. Astor et al., Defendants.
    (Supreme Court, New York Special Term,
    November, 1907.)
    Railroads and railroad companies — Interest in lands and right of way — Capacity to acquire and hold — Elevated railroads.
    Eminent domain — Power in general — Persons and corporations authorized to exercise power — Elevated railway company.
    The term “railroad corporation” as used in the General Railroad Act includes elevated railroad companies and such companies may acquire lands necessary for the maintenance and accommodation of their roads.
    Proceedings for the condemnation of real property.
    C. A. Gardiner, for plaintiff.
    Skinner & Bernant, for defendants.
   Newburger, J.

Defendants are the owners of the premises sought to he condemned, one parcel of which is situated at the southeasterly corner of the Bowery and Houston street and the other parcel at the southwesterly corner of the Bowery and Houston street. An elevated road has' been operated along the Bowery and Third avenue and in front of the premises owned by the defendants since the year 1878. Plaintiff now proposes to erect and maintain two stairways in connection with two stations now in use on the east and west side of the Bowery and Houston street for the purpose of affording means of approach and exit for the passengers. The traffic at the stations referred to is so great that the present stairways are not sufficient. There appears to be no question that the improvements contemplated are necessary, but the defendants question the authority of the plaintiff. It has been held that the term “ railroad corporation ” as used in the General Bailroad Act includes elevated railroads, and that such elevated railroads have power to acquire lands as may be necessary for their maintenance and accommodation. Plaintiff is entitled to a decree. Submit decree and findings upon notice.

Decreed accordingly.  