
    The New York, New Haven & Hartford R. R. Co., Resp't, to Acquire Land of Margaret Franz, App’lt.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed February 10, 1890.)
    
    Eminent domain.
    Where the evidence shows the necessity for the acquisition of additional land for the purposes of a railroad, an order appointing commissioners to appraise the compensation to he paid therefor will not "be disturbed.
    Appeal from order appointing commissioners to appraise the compensation to be made to Margaret Franz for a strip of land proposed to be taken by the petitioner for the 'purposes of its incorporation.
    Issue was joined by answer and the matter referred to take proofs. The evidence before the referee showed that the land was necessary for the construction of a side track for the purpose of receiving freight.
    
      L. O. & W. P. Platt, for app’lt; TV. II. Robertson, for resp’t.
   Dykman, J.

This is an appeal by a land owner from an order appointing commissioners to ascertain the compensation to be made for a strip of land in addition to that already owned by the railroad.

The testimony taken before the referee manifests the necessity for the acquisition of the additional land proposed to be taken under this proceeding and the statute authorizes the acquirement of the land for the purposes proposed.

The order should bo affirmed, with ten dollars costs, and disbursements.

Pratt, J., concurs.  