
    New York, N. H. & H. R. Co. v. Franz.
    
      (Supreme Court, General Term, Second Department.
    
    February 10, 1890.)
    Eminent Domain—Appointment op Commissioners.
    An order appointing commissioners to ascertain the compensation to be made for land taken for the purposes of a railroad company, under Laws Ñ. Y. 1850, c. 140, §§ 13-16, will be affirmed, where the evidence shows a necessity for the acquisition of the land for the purposes of the railroad company.
    Appeal from special term, Westchester county.
    Proceeding by the New York, Hew Haven & Hartford Bailroad Company to acquire title to land for the purpose of widening its road-bed and constructing an additional track. The act authorizing condemnation proceedings (Laws H. Y. 1850, c. 140, §§ 18-16) provides for the filing of a petition showing the necessity for the acquirement of the land sought to be condemned for the purposes of the railroad company, and for the appointment of commissioners to assess the damages in case of disagreement between the company and the land-owner. From an order appointing commissioners in this case the defendant appeals.
    Argued before Barnard, P. J., and Dykman and Pratt, JJ.
    
      L. C. & W. P. Platt, for appellant. Wm. H. Robertson, for respondent.
   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 be affirmed, with $10 costs and disbursements.  